California 2015 2015-2016 Regular Session

California Senate Bill SB30 Introduced / Bill

Filed 12/01/2014

 BILL NUMBER: SB 30INTRODUCED BILL TEXT 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: SECTION 1. Section 1708.5.5 is added to the Civil Code, to read: 1708.5.5. Nonconsensual sexual intercourse is an act of sexual intercourse between an adult and a person who is not the spouse of the adult, if the person is a minor. For the purposes of this section, a "minor" is a person under 18 years of age and an "adult" is a person who is at least 18 years of age.