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PENAL CODE MISDEMEANORS More Years Younger than Defendant (P.C. 261(a)(2), 264.1,. 286, 288a or 289(a)). Rape involves an act of sexual intercourse without consent or against the person's will. Often times people incorrectly think that it California Penal Code § 261 PC prohibits rape, which is using force, threats, or fraud to have non-consensual sex with another person.
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