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Cal. Penal Code §261, Cal. Penal Code §264(a) 3, 6 or 8 years Rape when victim under 14 Cal. Penal Code §261, Cal. Penal Code §264(c)(1) 9, 11 or 13 years Rape when victim between 14 and 18 Cal. Penal Code §261, Cal. Penal Code §264(c)(2) 7, 9 or 11 years Sex with a child under 10, and the defendant is 18 or older
Apprendi v. New Jersey, 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the ...