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SB-404 Prohibiting underage, unauthorized marriages.(2023-2024)



Current Version: 06/29/23 - Amended Assembly

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SB404:v96#DOCUMENT

Amended  IN  Assembly  June 29, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 404

Introduced by Senator Wahab
(Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio)

February 09, 2023

An act to add Section 289.1 to the Penal Code, relating to underage marriage.


LEGISLATIVE COUNSEL'S DIGEST


SB 404, as amended, Wahab. Prohibiting underage, unauthorized marriages.
Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law also makes it a misdemeanor to sexually assault certain animals for the purpose of gratifying the sexual desires of a person. Existing law makes it a crime to engage in certain types of conduct against a dependent adult or dependent person, including, among others, committing certain sexual acts upon a dependent person.
This bill would make it a misdemeanor for any person person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership between a minor and another person. The bill would make a violation of these provisions punishable by a fine of not less than $5,000 and more than $1,000 or by imprisonment in a county jail for up to one year per incident. The bill would exclude a marriage or domestic partnership entered into after receiving a court order, as specified.
Because a violation of the provisions would be a crime, this bill would impose 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 289.1 is added to the Penal Code, to read:

289.1.
 (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership between a minor and another person is guilty of a misdemeanor and shall be punished by a fine of not less than five thousand dollars ($5,000) and more than one thousand dollars ($1,000) or by imprisonment in a county jail for up to one year per incident.
(b) This section does not apply to a marriage or domestic partnership entered into after receiving a court order pursuant to Section 297.1 or 304 302 of the Family Code.
(c) For the purposes of this section, “solemnize” has the same meaning as described in Section 400 of the Family Code.

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.