AB 29, as introduced, Campos. Civil actions: defenses: unlawful sexual intercourse.
Existing law prohibits a person from engaging in unlawful sexual intercourse, as defined, with a minor and prescribes punishments for unlawful sexual intercourse. Existing law makes a person who commits sexual battery, as provided, liable for specified damages. Existing law establishes the defense of consent in civil actions.
This bill would prohibit, in any civil action involving sexual intercourse between an adult and a minor, as defined, the defense that the minor consented to the sexual intercourse.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1708.5.5 is added to the Civil Code, to
2read:
(a) For the purposes of this section, the following
4definitions shall apply:
5(1) “Adult” means a person who is at least 18 years of age.
6(2) “Minor” means a person who is under 18 years of age.
P2 1(b) Notwithstanding Section 3515, in any civil action involving
2sexual intercourse between an adult and a minor, it shall not be a
3defense that the minor consented to the sexual intercourse.
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