(a)(1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1 , 288 , or 289 shall be punished by imprisonment in the state prison for two, four, or six years.
(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460 , assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1 , 288 , or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole.
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