Senate BillNo. 30


Introduced by Senator Gaines

December 1, 2014


An act to add Section 1708.5.5 to the Civil Code, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

SB 30, as introduced, Gaines. Nonconsensual sexual intercourse: minors.

Under existing criminal law, unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is under 18 years of age. Existing civil law makes a person who commits a sexual battery, as defined, upon another liable to that person for damages and authorizes a court to award equitable relief, as specified.

This bill would, under civil law, define nonconsensual sexual intercourse as an act of sexual intercourse between an adult and a person who is not the spouse of the adult, if the person is under 18 years of age.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1708.5.5 is added to the Civil Code, to
2read:

3

1708.5.5.  

Nonconsensual sexual intercourse is an act of sexual
4intercourse between an adult and a person who is not the spouse
5of the adult, if the person is a minor. For the purposes of this
P2    1section, a “minor” is a person under 18 years of age and an “adult”
2is a person who is at least 18 years of age.



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