Today's Law As Amended


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AB-453 Sexual battery: nonconsensual condom removal.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1708.5 of the Civil Code is amended to read:

1708.5.
 (a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
(2) Acts with the intent to cause a harmful or offensive contact with another by use of his or her  the person’s  intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4) Causes contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d) For the purposes of this section:
(d)  For the  (1)   purposes of this section “intimate  “Intimate  part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2) “Offensive contact” means contact that offends a reasonable sense of personal dignity.
(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(f) For purposes of this section “offensive contact” means contact that offends a reasonable sense of personal dignity.