California 2015 2015-2016 Regular Session

California Assembly Bill AB29 Introduced / Bill

Filed 12/01/2014

 BILL NUMBER: AB 29INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Campos DECEMBER 1, 2014 An act to add Section 1708.5.5 to the Civil Code, relating to civil actions. LEGISLATIVE COUNSEL'S DIGEST 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 1. Section 1708.5.5 is added to the Civil Code, to read: 1708.5.5. (a) For the purposes of this section, the following definitions shall apply: (1) "Adult" means a person who is at least 18 years of age. (2) "Minor" means a person who is under 18 years of age. (b) Notwithstanding Section 3515, in any civil action involving sexual intercourse between an adult and a minor, it shall not be a defense that the minor consented to the sexual intercourse.