Crimes: rape.

Existing law prohibits an act of sexual intercourse accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law provides a greater punishment for this offense if the victim is a minor, as specified. Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. This bill would impose a greater punishment for prohibited acts of sexual intercourse, as defined, if the victim is a developmentally disabled minor, as specified and defined, and the person committing the prohibited acts knows or should have known that the person is developmentally disabled. The bill would specifically require a person who commits these offenses upon a person who is 10 years of age or younger to be prosecuted pursuant to another statute providing even greater punishment. By increasing the punishment for crime, this bill would create a state-mandated local program. 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.