What is the statute of limitations for rape of an intoxicated person?

California, United States of America


The following excerpt is from People v. Ellison, A148576 (Cal. App. 2019):

6. Bickham and Preston were jointly tried in 2012. They were both found guilty of one count of rape of an intoxicated person. Bickham was sentenced to six years in state prison, Preston eight years. In 2015, we affirmed their judgments of conviction. (People v. Bickham (Aug. 31, 2015, A137657) [nonpub.].)

7. At the time of the offense, the statute of limitations for a violation of section 261, subdivision (a)(3) was six years. ( 800.) In 2005, the limitations period was increased to 10 years. ( 801.1, subd. (b).) The 10-year period applied here because the charges against defendant were not time-barred at the time the limitations period was extended. ( 803.6, subd. (b) ["Any change in time period for the commencement of prosecution described in this chapter applies to any crime if prosecution for the crime was not barred on the effective date of the change by the statute of limitations in effect immediately prior to the effective date of the change"]; see also People v. Hollie (2010) 180 Cal.App.4th 1262, 1272-1273.)

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