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:
Section 1708.5.5 is added to the Civil Code, to
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.