AMENDED IN SENATE MAY 28, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

96

CHAPTER 613

Statutes of 2021

[ Approved by Governor October 7, 2021. Filed with Secretary of State October 7, 2021. ]

Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Blanca Rubio)

February 8, 2021

An act to amend Section 1708.5 of the Civil Code, relating to civil law.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that a person commits a sexual battery who, among other things, acts with the intent to cause a harmful or offensive contact, as defined, with an intimate part, as defined, of another that directly or indirectly results in a sexually offensive contact with that person. The law makes a person who commits a sexual battery pursuant to those provisions liable for damages and equitable relief.

This bill would additionally provide that a person commits a sexual battery who causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed. The bill would also specify that a person commits a sexual battery who causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.

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

SECTION 1.

Section 1708.5 of the Civil Code is amended to read:

1708.5.

(a) A person commits a sexual battery who does any of the following:

(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.

(2) Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results.

(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.

(4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.

(5) Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.

(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.

(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.

(d) For the purposes of this section:

(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.

(2) “Offensive contact” means contact that offends a reasonable sense of personal dignity.

(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.