Today's Law As Amended


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SB-514 Sexual contact: murder.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 264.5 is added to the Penal Code, to read:

264.5.
 (a) Any person who is found to have engaged in sexual contact with, or sexual penetration of, a person whom he or she intentionally killed is guilty of a felony and shall be punished by imprisonment in the state prison for a term of life without the possibility of parole.
(b) Any person who intentionally aids, abets, counsels, commands, induces, solicits, requests, or assists another person to engage in an act prohibited by subdivision (a), and the other person does that act, is guilty of a felony and shall be punished by imprisonment in the state prison for a term of life without the possibility of parole.
(c) Notwithstanding the punishment provided in subdivisions (a) and (b), this section shall not be construed to prevent the imposition of a sentence of death, if that penalty would apply under other provisions of law.
(d) For purposes of this section, the following definitions apply:
(1) “Sexual penetration” means the unlawful penetration of the vagina or anus, however slight, by any part of a person’s body or other object, or any act of sexual contact between the sex organs of a person and the mouth or anus of a dead body, or any oral copulation of a dead human body for the purpose of sexual arousal, gratification, or abuse.
(2) “Sexual contact” means any willful touching by a person of an intimate part of a dead human body for the purpose of sexual arousal, gratification, or abuse.
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.