Today's Law As Amended

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AB-1997 Criminal law: rape.(2017-2018)



SECTION 1.

 Section 261.8 is added to the Penal Code, to read:

261.8.
 (a) In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, if a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device is used, and that other person intentionally removes or damages the sexually protective device without permission before or during sexual intercourse or sexual contact, there has been no valid consent.
(b) For the purposes of this section, “sexually protective device” means a male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, or dental dam, intended to prevent pregnancy or sexually transmitted infection.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.