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



Current Version: 02/01/18 - Introduced        


AB1997:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1997


Introduced by Assembly Member Cristina Garcia

February 01, 2018


An act to add Section 261.8 to the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


AB 1997, as introduced, Cristina Garcia. Criminal law: rape.
Existing law establishes the offenses of rape and spousal rape, defined as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator or who is the spouse of the perpetrator, respectively, under certain circumstances, including where the act is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
This bill would establish, in prosecutions under specified sex offenses, including rape and spousal rape, in which consent is at issue, that if a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device, as defined, 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. By broadening the scope of a crime, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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.