Sex offenses: disabled victims.

(1) Under existing law, a person who commits rape, or an act of sodomy, oral copulation, or sexual penetration, against a person incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, if that fact is known or reasonably should be known by the person committing the act, is subject to punishment by imprisonment in the state prison for 3, 6, or 8 years. Under existing law, a person who commits rape, an act of sodomy, oral copulation, or sexual penetration against a person who is under 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury is subject to punishment by imprisonment in the state prison for 9, 11, or 13 years in the case of rape or an act of sodomy, and 8, 10, or 12 years in the case of oral copulation or sexual penetration. This bill would make these crimes, if committed against a person who has a mental disorder or developmental or physical disability, and the person committing the act knows or reasonably should know that the victim has the disorder or disability, by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury, punishable by imprisonment in the state prison for 9, 11, or 13 years in the case of rape or an act of sodomy, and 8, 10, or 12 years in the case of oral copulation or sexual penetration. By creating new crimes, this bill would impose a state-mandated local program. (2) Under existing law, a defendant who, voluntarily acting in concert with another person, by force or by violence and against the will of the victim, commits an act of rape, spousal rape, or sexual penetration, either personally or by aiding and abetting the other person, is guilty of a crime punishable by imprisonment in the state prison for 5, 7, or 9 years. If the victim of the offense is a child under 14 years of age, the offense is punishable in the state prison for 10, 12, or 14 years. This bill would make it a crime punishable by imprisonment in the state prison for 10, 12, or 14 years to commit an act of rape, spousal rape, sexual penetration, sodomy, or oral copulation in concert with another person, by force or by violence and against the will of the victim, either personally or by aiding and abetting the other person, against a person who has a mental disorder or developmental or physical disability, and the person committing the acts knows or reasonably should know that the victim has the disorder or disability. By creating a new crime, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.