AB 65, as amended, Achadjian. Crimes: sex crimes.
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 provides various circumstances that constitute sodomy against an individual’s will, oral copulation against an individual’s will, and sexual penetration against an individual’s will, including an act accomplished with an individual who is not the spouse of the perpetrator where the individual submits under the belief that the individual 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 would instead provide that these types of rape, sodomy, oral copulation, and sexual penetration occur where the person submits under the belief that the person committing the act is someonebegin insert known to the victimend insert other than the accused.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. 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:
P3 1(1) Where a person is incapable, because of a mental disorder
2or developmental or physical disability, of giving legal consent,
3and this is known or reasonably should be known to the person
4committing the act. Notwithstanding the existence of a
5conservatorship pursuant to the provisions of the
6Lanterman-Petris-Short Act (Part 1 (commencing with Section
75000) of Division 5 of the Welfare and Institutions Code), the
8prosecuting attorney shall prove, as an element of the crime, that
9a mental disorder or
developmental or physical disability rendered
10the alleged victim incapable of giving consent.
11(2) Where it is accomplished against a person’s will by means
12of force, violence, duress, menace, or fear of immediate and
13unlawful bodily injury on the person or another.
14(3) Where a person is prevented from resisting by any
15intoxicating or anesthetic substance, or any controlled substance,
16and this condition was known, or reasonably should have been
17known by the accused.
18(4) Where a person is at the time unconscious of the nature of
19the act, and this is known to the accused. As used in this paragraph,
20“unconscious of the nature of the act” means incapable of resisting
21because the victim meets any one of the following
conditions:
22(A) Was unconscious or asleep.
23(B) Was not aware, knowing, perceiving, or cognizant that the
24act occurred.
25(C) Was not aware, knowing, perceiving, or cognizant of the
26essential characteristics of the act due to the perpetrator’s fraud in
27fact.
28(D) Was not aware, knowing, perceiving, or cognizant of the
29essential characteristics of the act due to the perpetrator’s fraudulent
30representation that the sexual penetration served a professional
31purpose when it served no professional purpose.
32(5) Where a person submits under the belief that the person
33committing the act is someonebegin insert
known to the victimend insert other than the
34accused, and this belief is induced by any artifice, pretense, or
35concealment practiced by the accused, with intent to induce the
36belief.
37(6) Where the act is accomplished against the victim’s will by
38threatening to retaliate in the future against the victim or any other
39person, and there is a reasonable possibility that the perpetrator
40will execute the threat. As used in this paragraph, “threatening to
P4 1retaliate” means a threat to kidnap or falsely imprison, or to inflict
2extreme pain, serious bodily injury, or death.
3(7) Where the act is accomplished against the victim’s will by
4threatening to use the authority of a public official to incarcerate,
5arrest, or deport the victim or another, and the victim has a
6reasonable
belief that the perpetrator is a public official. As used
7
in this paragraph, “public official” means a person employed by
8a governmental agency who has the authority, as part of that
9position, to incarcerate, arrest, or deport another. The perpetrator
10does not actually have to be a public official.
11(b) As used in this section, “duress” means a direct or implied
12threat of force, violence, danger, or retribution sufficient to coerce
13a reasonable person of ordinary susceptibilities to perform an act
14which otherwise would not have been performed, or acquiesce in
15an act to which one otherwise would not have submitted. The total
16circumstances, including the age of the victim, and his or her
17relationship to the defendant, are factors to consider in appraising
18the existence of duress.
19(c) As used in this section, “menace” means any
threat,
20declaration, or act which shows an intention to inflict an injury
21upon another.
Section 286 of the Penal Code is amended to read:
(a) Sodomy is sexual conduct consisting of contact
24between the penis of one person and the anus of another person.
25Any sexual penetration, however slight, is sufficient to complete
26the crime of sodomy.
27(b) (1) Except as provided in Section 288, any person who
28participates in an act of sodomy with another person who is under
2918 years of age shall be punished by imprisonment in the state
30prison, or in a county jail for not more than one year.
31(2) Except as provided in Section 288, any person overbegin delete the age 21 yearsbegin insert
of ageend insert who participates in an act of sodomy with
32ofend delete
33another person who is under 16 years of age shall be guilty of a
34felony.
35(c) (1) Any person who participates in an act of sodomy with
36another person who is under 14 years of age and more than 10
37years younger than he or she shall be punished by imprisonment
38in the state prison for three, six, or eight years.
39(2) (A) Any person who commits an act of sodomy when the
40act is accomplished against the victim’s will by means of force,
P5 1violence, duress, menace, or fear of immediate and unlawful bodily
2injury on the victim or another person shall be punished by
3imprisonment in the state prison for three, six, or eight years.
4(B) Any person who commits an act of sodomy with another
5person who is under 14 years of age when the act is accomplished
6against the victim’s will by means of force, violence, duress,
7menace, or fear of immediate and unlawful bodily injury on the
8victim or another person shall be punished by imprisonment in the
9state prison for 9, 11, or 13 years.
10(C) Any person who commits an act of sodomy with another
11person who is a minor 14 years of age or older when the act is
12accomplished against the victim’s will by means of force, violence,
13duress, menace, or fear of immediate and unlawful bodily injury
14on the victim or another person shall be punished by imprisonment
15in the state prison for 7, 9, or 11 years.
16(D) This paragraph does not preclude prosecution under Section
17269,
Section 288.7, or any other provision of law.
18(3) Any person who commits an act of sodomy where the act
19is accomplished against the victim’s will by threatening to retaliate
20in the future against the victim or any other person, and there is a
21reasonable possibility that the perpetrator will execute the threat,
22shall be punished by imprisonment in the state prison for three,
23six, or eight years.
24(d) (1) Any person who, while voluntarily acting in concert
25with another person, either personally or aiding and abetting that
26other person, commits an act of sodomy when the act is
27accomplished against the victim’s will by means of force or fear
28of immediate and unlawful bodily injury on the victim or another
29person or where the act is accomplished against the victim’s will
30
by threatening to retaliate in the future against the victim or any
31other person, and there is a reasonable possibility that the
32perpetrator will execute the threat, shall be punished by
33imprisonment in the state prison for five, seven, or nine years.
34(2) Any person who, while voluntarily acting in concert with
35another person, either personally or aiding and abetting that other
36person, commits an act of sodomy upon a victim who is under 14
37years of age, when the act is accomplished against the victim’s
38will by means of force or fear of immediate and unlawful bodily
39injury on the victim or another person, shall be punished by
40imprisonment in the state prison for 10, 12, or 14 years.
P6 1(3) Any person who, while voluntarily acting in concert with
2another person, either
personally or aiding and abetting that other
3person, commits an act of sodomy upon a victim who is a minor
414 years of age or older, when the act is accomplished against the
5victim’s will by means of force or fear of immediate and unlawful
6bodily injury on the victim or another person, shall be punished
7by imprisonment in the state prison for 7, 9, or 11 years.
8(4) This subdivision does not preclude prosecution under Section
9269, Section 288.7, or any other provision of law.
10(e) Any person who participates in an act of sodomy with any
11person of any age while confined in any state prison, as defined
12in Section 4504, or in any local detention facility, as defined in
13Section 6031.4, shall be punished by imprisonment in the state
14prison, or in a county jail for not more than one year.
15(f) Any person who commits an act of sodomy, and the victim
16is at the time unconscious of the nature of the act and this is known
17to the person committing the act, shall be punished by
18imprisonment in the state prison for three, six, or eight years. As
19used in this subdivision, “unconscious of the nature of the act”
20means incapable of resisting because the victim meets one of the
21following conditions:
22(1) Was unconscious or asleep.
23(2) Was not aware, knowing, perceiving, or cognizant that the
24act occurred.
25(3) Was not aware, knowing, perceiving, or cognizant of the
26essential characteristics of the act due to the perpetrator’s fraud in
27fact.
28(4) Was not aware, knowing, perceiving, or cognizant of the
29essential characteristics of the act due to the perpetrator’s fraudulent
30representation that the sexual penetration served a professional
31purpose when it served no professional purpose.
32(g) Except as provided in subdivision (h), a person who commits
33an act of sodomy, and the victim is at the time incapable, because
34of a mental disorder or developmental or physical disability, of
35giving legal consent, and this is known or reasonably should be
36known to the person committing the act, shall be punished by
37imprisonment in the state prison for three, six, or eight years.
38Notwithstanding the existence of a conservatorship pursuant to
39the Lanterman-Petris-Short Act (Part 1 (commencing with Section
405000) of Division 5 of the
Welfare and Institutions Code), the
P7 1prosecuting attorney shall prove, as an element of the crime, that
2a mental disorder or developmental or physical disability rendered
3the alleged victim incapable of giving consent.
4(h) Any person who commits an act of sodomy, and the victim
5is at the time incapable, because of a mental disorder or
6developmental or physical disability, of giving legal consent, and
7this is known or reasonably should be known to the person
8committing the act, and both the defendant and the victim are at
9the time confined in a state hospital for the care and treatment of
10the mentally disordered or in any other public or private facility
11for the care and treatment of the mentally disordered approved by
12a county mental health director, shall be punished by imprisonment
13in the state prison, or in a county jail for not more than one
year.
14Notwithstanding the existence of a conservatorship pursuant to
15the Lanterman-Petris-Short Act (Part 1 (commencing with Section
165000) of Division 5 of the Welfare and Institutions Code), the
17prosecuting attorney shall prove, as an element of the crime, that
18a mental disorder or developmental or physical disability rendered
19the alleged victim incapable of giving legal consent.
20(i) Any person who commits an act of sodomy, where the victim
21is prevented from resisting by an intoxicating or anesthetic
22substance, or any controlled substance, and this condition was
23known, or reasonably should have been known by the accused,
24shall be punished by imprisonment in the state prison for three,
25six, or eight years.
26(j) Any person who commits an act of sodomy, where the victim
27submits
under the belief that the person committing the act is
28
someonebegin insert known to the victimend insert other than the accused, and this belief
29is induced by any artifice, pretense, or concealment practiced by
30the accused, with intent to induce the belief, shall be punished by
31imprisonment in the state prison for three, six, or eight years.
32(k) Any person who commits an act of sodomy, where the act
33is accomplished against the victim’s will by threatening to use the
34authority of a public official to incarcerate, arrest, or deport the
35victim or another, and the victim has a reasonable belief that the
36perpetrator is a public official, shall be punished by imprisonment
37in the state prison for three, six, or eight years.
38As used in this subdivision, “public official” means a
person
39employed by a governmental agency who has the authority, as part
P8 1of that position, to incarcerate, arrest, or deport another. The
2perpetrator does not actually have to be a public official.
3(l) As used in subdivisions (c) and (d), “threatening to retaliate”
4means a threat to kidnap or falsely imprison, or inflict extreme
5pain, serious bodily injury, or death.
6(m) In addition to any punishment imposed under this section,
7the judge may assess a fine not to exceed seventy dollars ($70)
8against any person who violates this section, with the proceeds of
9this fine to be used in accordance with Section 1463.23. The court,
10however, shall take into consideration the defendant’s ability to
11pay, and no defendant shall be denied probation because of his or
12her inability to pay the fine
permitted under this subdivision.
Section 288a of the Penal Code is amended to read:
(a) Oral copulation is the act of copulating the mouth
15of one person with the sexual organ or anus of another person.
16(b) (1) Except as provided in Section 288, any person who
17participates in an act of oral copulation with another person who
18is under 18 years of age shall be punished by imprisonment in the
19state prison, or in a county jail for a period of not more than one
20year.
21(2) Except as provided in Section 288, any person overbegin delete the age 21 yearsbegin insert
of ageend insert who participates in an act of oral copulation
22ofend delete
23with another person who is under 16 years of age is guilty of a
24felony.
25(c) (1) Any person who participates in an act of oral copulation
26with another person who is under 14 years of age and more than
2710 years younger than he or she shall be punished by imprisonment
28in the state prison for three, six, or eight years.
29(2) (A) Any person who commits an act of oral copulation when
30the act is accomplished against the victim’s will by means of force,
31violence, duress, menace, or fear of immediate and unlawful bodily
32injury on the victim or another person shall be punished by
33imprisonment in the state prison for three, six, or eight years.
34(B) Any person who commits an act of oral copulation upon a
35person who is under 14 years of age, when the act is accomplished
36against the victim’s will by means of force, violence, duress,
37menace, or fear of immediate and unlawful bodily injury on the
38victim or another person, shall be punished by imprisonment in
39the state prison for 8, 10, or 12 years.
P9 1(C) Any person who commits an act of oral copulation upon a
2minor who is 14 years of age or older, when the act is accomplished
3against the victim’s will by means of force, violence, duress,
4menace, or fear of immediate and unlawful bodily injury on the
5victim or another person, shall be punished by imprisonment in
6the state prison for 6, 8, or 10 years.
7(D) This
paragraph does not preclude prosecution under Section
8269, Section 288.7, or any other provision of law.
9(3) Any person who commits an act of oral copulation where
10the act is accomplished against the victim’s will by threatening to
11retaliate in the future against the victim or any other person, and
12there is a reasonable possibility that the perpetrator will execute
13the threat, shall be punished by imprisonment in the state prison
14for three, six, or eight years.
15(d) (1) Any person who, while voluntarily acting in concert
16with another person, either personally or by aiding and abetting
17that other person, commits an act of oral copulationbegin delete (1)end deletebegin insert
(A)end insert when
18the act is accomplished against the victim’s will by means of force
19or fear of immediate and unlawful bodily injury on the victim or
20another person, orbegin delete (2)end deletebegin insert (B)end insert where the act is accomplished against
21the victim’s will by threatening to retaliate in the future against
22the victim or any other person, and there is a reasonable possibility
23that the perpetrator will execute the threat, orbegin delete (3)end deletebegin insert (C)end insert where the
24victim is at the time incapable, because of a mental disorder or
25developmental or physical disability, of giving legal consent, and
26this
is known or reasonably should be known to the person
27committing the act, shall be punished by imprisonment in the state
28prison for five, seven, or nine years. Notwithstanding the
29
appointment of a conservator with respect to the victim pursuant
30to the provisions of the Lanterman-Petris-Short Act (Part 1
31(commencing with Section 5000) of Division 5 of the Welfare and
32Institutions Code), the prosecuting attorney shall prove, as an
33element of the crime described under paragraph (3), that a mental
34disorder or developmental or physical disability rendered the
35alleged victim incapable of giving legal consent.
36(2) Any person who, while voluntarily acting in concert with
37another person, either personally or aiding and abetting that other
38person, commits an act of oral copulation upon a victim who is
39under 14 years of age, when the act is accomplished against the
40victim’s will by means of force or fear of immediate and unlawful
P10 1bodily injury on the victim or another person, shall be punished
2by imprisonment in
the state prison for 10, 12, or 14 years.
3(3) Any person who, while voluntarily acting in concert with
4another person, either personally or aiding and abetting that other
5person, commits an act of oral copulation upon a victim who is a
6minor 14 years of age or older, when the act is accomplished
7against the victim’s will by means of force or fear of immediate
8and unlawful bodily injury on the victim or another person, shall
9be punished by imprisonment in the state prison for 8, 10, or 12
10years.
11(4) This paragraph does not preclude prosecution under Section
12269, Section 288.7, or any other provision of law.
13(e) Any person who participates in an act of oral copulation
14while confined in any state prison, as defined in Section
4504 or
15in any local detention facility as defined in Section 6031.4, shall
16be punished by imprisonment in the state prison, or in a county
17jail for a period of not more than one year.
18(f) Any person who commits an act of oral copulation, and the
19victim is at the time unconscious of the nature of the act and this
20is known to the person committing the act, shall be punished by
21imprisonment in the state prison for a period of three, six, or eight
22years. As used in this subdivision, “unconscious of the nature of
23the act” means incapable of resisting because the victim meets one
24of the following conditions:
25(1) Was unconscious or asleep.
26(2) Was not aware, knowing, perceiving, or cognizant that the
27act occurred.
28(3) Was not aware, knowing, perceiving, or cognizant of the
29essential characteristics of the act due to the perpetrator’s fraud in
30fact.
31(4) Was not aware, knowing, perceiving, or cognizant of the
32essential characteristics of the act due to the perpetrator’s fraudulent
33representation that the oral copulation served a professional purpose
34when it served no professional purpose.
35(g) Except as provided in subdivision (h), any person who
36commits an act of oral copulation, and the victim is at the time
37incapable, because of a mental disorder or developmental or
38physical disability, of giving legal consent, and this is known or
39reasonably should be known to the person committing the act,
40shall be punished by imprisonment in
the state prison, for three,
P11 1six, or eight years. Notwithstanding the existence of a
2conservatorship pursuant to the provisions of the
3Lanterman-Petris-Short Act (Part 1 (commencing with Section
45000) of Division 5 of the Welfare and Institutions Code), the
5prosecuting attorney shall prove, as an element of the crime, that
6a mental disorder or developmental or physical disability rendered
7the alleged victim incapable of giving consent.
8(h) Any person who commits an act of oral copulation, and the
9victim is at the time incapable, because of a mental disorder or
10developmental or physical disability, of giving legal consent, and
11this is known or reasonably should be known to the person
12committing the act, and both the defendant and the victim are at
13the time confined in a state hospital for the care and treatment of
14the mentally
disordered or in any other public or private facility
15for the care and treatment of the mentally disordered approved by
16a county mental health director, shall be punished by imprisonment
17in the state prison, or in a county jail for a period of not more than
18one year. Notwithstanding the existence of a conservatorship
19pursuant to the provisions of the Lanterman-Petris-Short Act (Part
201 (commencing with Section 5000) of Division 5 of the Welfare
21and Institutions Code), the prosecuting attorney shall prove, as an
22
element of the crime, that a mental disorder or developmental or
23physical disability rendered the alleged victim incapable of giving
24legal consent.
25(i) Any person who commits an act of oral copulation, where
26the victim is prevented from resisting by any intoxicating or
27anesthetic substance, or any controlled substance, and this condition
28was known, or reasonably should have been known by the accused,
29shall be punished by imprisonment in the state prison for a period
30of three, six, or eight years.
31(j) Any person who commits an act of oral copulation, where
32the victim submits under the belief that the person committing the
33act is someonebegin insert known to the victimend insert other than the
accused, and
34this belief is induced by any artifice, pretense, or concealment
35practiced by the accused, with intent to induce the belief, shall be
36punished by imprisonment in the state prison for a period of three,
37six, or eight years.
38(k) Any person who commits an act of oral copulation, where
39the act is accomplished against the victim’s will by threatening to
40use the authority of a public official to incarcerate, arrest, or deport
P12 1the victim or another, and the victim has a reasonable belief that
2the perpetrator is a public official, shall be punished by
3imprisonment in the state prison for a period of three, six, or eight
4years.
5As used in this subdivision, “public official” means a person
6employed by a governmental agency who has the authority, as part
7of that position, to incarcerate, arrest,
or deport another. The
8perpetrator does not actually have to be a public official.
9(l) As used in subdivisions (c) and (d), “threatening to retaliate”
10means a threat to kidnap or falsely imprison, or to inflict extreme
11pain, serious bodily injury, or death.
12(m) In addition to any punishment imposed under this section,
13the judge may assess a fine not to exceed seventy dollars ($70)
14against any person who violates this section, with the proceeds of
15this fine to be used in accordance with Section 1463.23. The court
16shall, however, take into consideration the defendant’s ability to
17pay, and no defendant shall be denied probation because of his or
18her inability to pay the fine permitted under this subdivision.
Section 289 of the Penal Code is amended to read:
(a) (1) (A) Any person who commits an act of sexual
21penetration when the act is accomplished against the victim’s will
22by means of force, violence, duress, menace, or fear of immediate
23and unlawful bodily injury on the victim or another person shall
24be punished by imprisonment in the state prison for three, six, or
25eight years.
26(B) Any person who commits an act of sexual penetration upon
27a child who is under 14 years of age, when the act is accomplished
28against the victim’s will by means of force, violence, duress,
29menace, or fear of immediate and unlawful bodily injury on the
30victim or another person, shall be punished by imprisonment in
31the
state prison for 8, 10, or 12 years.
32(C) Any person who commits an act of sexual penetration upon
33a minor who is 14 years of age or older, when the act is
34accomplished against the victim’s will by means of force, violence,
35duress, menace, or fear of immediate and unlawful bodily injury
36on the victim or another person, shall be punished by imprisonment
37in the state prison for 6, 8, or 10 years.
38(D) This paragraph does not preclude prosecution under Section
39269, Section 288.7, or any other provision of law.
P13 1(2) Any person who commits an act of sexual penetration when
2the act is accomplished against the victim’s will by threatening to
3retaliate in the future against the victim or any other person, and
4there is a
reasonable possibility that the perpetrator will execute
5the threat, shall be punished by imprisonment in the state prison
6for three, six, or eight years.
7(b) Except as provided in subdivision (c), any person who
8commits an act of sexual penetration, and the victim is at the time
9incapable, because of a mental disorder or developmental or
10physical disability, of giving legal consent, and this is known or
11reasonably should be known to the person committing the act or
12causing the act to be committed, shall be punished by imprisonment
13in the state prison for three, six, or eight years. Notwithstanding
14the appointment of a conservator with respect to the victim pursuant
15to the provisions of the Lanterman-Petris-Short Act (Part 1
16(commencing with Section 5000) of Division 5 of the Welfare and
17Institutions Code), the prosecuting attorney shall prove, as an
18
element of the crime, that a mental disorder or developmental or
19physical disability rendered the alleged victim incapable of giving
20legal consent.
21(c) Any person who commits an act of sexual penetration, and
22the victim is at the time incapable, because of a mental disorder
23or developmental or physical disability, of giving legal consent,
24and this is known or reasonably should be known to the person
25committing the act or causing the act to be committed and both
26the defendant and the victim are at the time confined in a state
27hospital for the care and treatment of the mentally disordered or
28in any other public or private facility for the care and treatment of
29the mentally disordered approved by a county mental health
30director, shall be punished by imprisonment in the state prison, or
31in a county jail for a period of not more
than one year.
32
Notwithstanding the existence of a conservatorship pursuant to
33the provisions of the Lanterman-Petris-Short Act (Part 1
34(commencing with Section 5000) of Division 5 of the Welfare and
35Institutions Code), the prosecuting attorney shall prove, as an
36element of the crime, that a mental disorder or developmental or
37physical disability rendered the alleged victim incapable of giving
38legal consent.
39(d) Any person who commits an act of sexual penetration, and
40the victim is at the time unconscious of the nature of the act and
P14 1this is known to the person committing the act or causing the act
2to be committed, shall be punished by imprisonment in the state
3prison for three, six, or eight years. As used in this subdivision,
4“unconscious of the nature of the act” means incapable of resisting
5because the victim meets one of the
following conditions:
6(1) Was unconscious or asleep.
7(2) Was not aware, knowing, perceiving, or cognizant that the
8act occurred.
9(3) Was not aware, knowing, perceiving, or cognizant of the
10essential characteristics of the act due to the perpetrator’s fraud in
11fact.
12(4) Was not aware, knowing, perceiving, or cognizant of the
13essential characteristics of the act due to the perpetrator’s fraudulent
14representation that the sexual penetration served a professional
15purpose when it served no professional purpose.
16(e) Any person who commits an act of sexual penetration when
17the victim is prevented from
resisting by any intoxicating or
18anesthetic substance, or any controlled substance, and this condition
19was known, or reasonably should have been known by the accused,
20shall be punished by imprisonment in the state prison for a period
21of three, six, or eight years.
22(f) Any person who commits an act of sexual penetration when
23the victim submits under the belief that the person committing the
24act or causing the act to be committed is someonebegin insert known to the
25victimend insert other than the accused, and this belief is induced by any
26artifice, pretense, or concealment practiced by the accused, with
27intent to induce the belief, shall be punished by imprisonment in
28the state prison for a period of three, six, or eight years.
29(g) Any person who commits an act of sexual penetration when
30the act is accomplished against the victim’s will by threatening to
31use the authority of a public official to incarcerate, arrest, or deport
32the victim or another, and the victim has a reasonable belief that
33the perpetrator is a public official, shall be punished by
34imprisonment in the state prison for a period of three, six, or eight
35years.
36As used in this subdivision, “public official” means a person
37employed by a governmental agency who has the authority, as part
38of that position, to incarcerate, arrest, or deport another. The
39perpetrator does not actually have to be a public official.
P15 1(h) Except as provided in Section 288, any person who
2participates in an act of sexual penetration with another person
3who is under 18 years
of age shall be punished by imprisonment
4in the state prison or inbegin delete theend deletebegin insert aend insert county jail for a period of not more
5than one year.
6(i) Except as provided in Section 288, any person over the age
7of 21 years who participates in an act of sexual penetration with
8another person who is under 16 years of age shall be guilty of a
9felony.
10(j) Any person who participates in an act of sexual penetration
11with another person who is under 14 years of age and who is more
12than 10 years younger than he or she shall be punished by
13 imprisonment in the state prison for three, six, or eight years.
14(k) As used in this section:
15(1) “Sexual penetration” is the act of causing the penetration,
16however slight, of the genital or anal opening of any person or
17causing another person to so penetrate the defendant’s or another
18person’s genital or anal opening for the purpose of sexual arousal,
19gratification, or abuse by any foreign object, substance, instrument,
20or device, or by any unknown object.
21(2) “Foreign object, substance, instrument, or device” shall
22include any part of the body, except a sexual organ.
23(3) “Unknown object” shall include any foreign object,
24substance, instrument, or device, or any part of the body, including
25a penis, when it is not known whether penetration was by a penis
26or by a foreign
object, substance, instrument, or device, or by any
27other part of the body.
28(l) As used in subdivision (a), “threatening to retaliate” means
29a threat to kidnap or falsely imprison, or inflict extreme pain,
30serious bodily injury or death.
31(m) As used in this section, “victim” includes any person who
32the defendant causes to penetrate the genital or anal opening of
33the defendant or another person or whose genital or anal opening
34is caused to be penetrated by the defendant or another person and
35who otherwise qualifies as a victim under the requirements of this
36section.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P16 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
This act is an urgency statute necessary for the
7immediate preservation of the public peace, health, or safety within
8the meaning of Article IV of the Constitution and shall go into
9immediate effect. The facts constituting the necessity are:
10In order to protect the public from the danger of rape by those
11who impersonate others, at the earliest possible time, it is necessary
12that this act take effect immediately.
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