AB 65, as amended, Achadjian. Crimes: rape.
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.
This bill wouldbegin delete additionallyend deletebegin insert insteadend insert provide that this type of rape occurs where the person submits under the belief that the person committing the act isbegin delete the victim’s domestic partner, cohabitant,
fiancé, fiancée, or someone with whom the victim has a dating relationship.end deletebegin insert someone other than the accused.end insert
By expanding the definition of 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 261 of the Penal Code is amended to
2read:
(a) Rape is an act of sexual intercourse accomplished
4with a person not the spouse of the perpetrator, under any of the
5following circumstances:
6(1) Where a person is incapable, because of a mental disorder
7or developmental or physical disability, of giving legal consent,
8and this is known or reasonably should be known to the person
9committing the act. Notwithstanding the existence of a
10conservatorship pursuant to the provisions of the
11Lanterman-Petris-Short Act (Part 1 (commencing with Section
125000) of Division 5 of the Welfare and Institutions Code), the
13prosecuting attorney shall prove, as an element of the crime, that
14a mental disorder or
developmental or physical disability rendered
15the alleged victim incapable of giving consent.
16(2) Where it is accomplished against a person’s will by means
17of force, violence, duress, menace, or fear of immediate and
18unlawful bodily injury on the person or another.
19(3) Where a person is prevented from resisting by any
20intoxicating or anesthetic substance, or any controlled substance,
P3 1and this condition was known, or reasonably should have been
2known by the accused.
3(4) Where a person is at the time unconscious of the nature of
4the act, and this is known to the accused. As used in this paragraph,
5“unconscious of the nature of the act” means incapable of resisting
6because the victim meets any one of the following
conditions:
7(A) Was unconscious or asleep.
8(B) Was not aware, knowing, perceiving, or cognizant that the
9act occurred.
10(C) Was not aware, knowing, perceiving, or cognizant of the
11essential characteristics of the act due to the perpetrator’s fraud in
12fact.
13(D) Was not aware, knowing, perceiving, or cognizant of the
14essential characteristics of the act due to the perpetrator’s fraudulent
15representation that the sexual penetration served a professional
16purpose when it served no professional purpose.
17(5) Where a person submits under the belief that the person
18committing the act isbegin delete the victim’s spouse,
domestic partner,
19cohabitant, fiancé, fiancée, or someone with whom the victim has
20a dating relationship, as defined in subdivision (f) of Section 243,end delete
21begin insert someone other than the accused, end insertand this belief is induced by any
22artifice, pretense, or concealment practiced by the accused, with
23intent to induce the belief.
24(6) Where the act is accomplished against the victim’s will by
25threatening to retaliate in the future against the victim or any other
26person, and there is a reasonable possibility that the perpetrator
27will execute the threat. As used in this paragraph, “threatening to
28retaliate” means a threat to kidnap or falsely imprison, or to inflict
29extreme pain, serious bodily injury, or death.
30(7) Where the act is accomplished against the victim’s will by
31threatening to use the authority of a public official to incarcerate,
32arrest, or deport the victim or another, and the victim has a
33reasonable belief that the perpetrator is a public official. As used
34in this paragraph, “public official” means a person employed by
35a governmental agency who has the authority, as part of that
36position, to incarcerate, arrest, or deport another. The perpetrator
37does not actually have to be a public official.
38(b) As used in this section, “duress” means a direct or implied
39threat of force, violence, danger, or retribution sufficient to coerce
40a reasonable person of ordinary susceptibilities to perform an act
P4 1which otherwise would not have been performed, or acquiesce in
2an act to which one otherwise would not have submitted. The total
3circumstances,
including the age of the victim, and his or her
4relationship to the defendant, are factors to consider in appraising
5the existence of duress.
6(c) As used in this section, “menace” means any threat,
7declaration, or act which shows an intention to inflict an injury
8upon another.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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