AB 701, as amended, Cristina Garcia. Sex crimes: rape.
Existing law defines rape and spousal rape as an act of sexual intercourse accomplished under specified circumstances indicating a lack of consent, force, or duress, as specified. Existing law additionally makes
begin delete it unlawful to induce a person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person’s free will, and does cause the victim to so act.end delete
Existing law defines sodomy as sexual conduct consisting of contact between the penis of one person and the anus of another person. Existing law defines oral copulation as the act of copulating the mouth of one person with the sexual organ or anus of another person. Existing law makes it a crime to commit an act of sexual penetration when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.end delete
This bill would deem a person who is convicted of any of the aforementioned offenses guilty of rape for purposes of this bill.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 260 is added to the Penal Code, to read:
For purposes of this section, a person shall be considered
8guilty of rape if he or she is convicted under any the following
10(a) Section 261.
11(b) Section 262.
12(c) Section 266c.
13(d) Section 286.
14(e) Section 288a.
15(f) Section 289.