Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1134Introduced by Assembly Member BainsFebruary 20, 2025An act to amend Section 2211 of the Family Code, and to repeal and add Section 265 of the Penal Code, relating to crimes. marriage.LEGISLATIVE COUNSEL'S DIGESTAB 1134, as amended, Bains. Abduction for marriage or defilement. Coerced marriage.Existing(1) Existing law makes it a crime to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry a man, or to marry any other person, or to be defiled, as specified.This bill would make that crime applicable when the victim is any person, without regard to gender or age. The bill would expand the crime to apply to a perpetrator who makes any attempts to force the victim to marry them, irrespective of gender, marry another person, or to be defiled. By expanding the definition of a crime, the bill would impose a state-mandated local program.(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, and either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.This bill would delete the time limits described above and instead authorize a proceeding to obtain a judgment of nullity of marriage to be commenced at any time for the causes described above by the injured parties.The(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2211 of the Family Code is amended to read:2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.SECTION 1.SEC. 2. Section 265 of the Penal Code is repealed.SEC. 2.SEC. 3. Section 265 is added to the Penal Code, to read:265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1134Introduced by Assembly Member BainsFebruary 20, 2025An act to amend Section 2211 of the Family Code, and to repeal and add Section 265 of the Penal Code, relating to crimes. marriage.LEGISLATIVE COUNSEL'S DIGESTAB 1134, as amended, Bains. Abduction for marriage or defilement. Coerced marriage.Existing(1) Existing law makes it a crime to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry a man, or to marry any other person, or to be defiled, as specified.This bill would make that crime applicable when the victim is any person, without regard to gender or age. The bill would expand the crime to apply to a perpetrator who makes any attempts to force the victim to marry them, irrespective of gender, marry another person, or to be defiled. By expanding the definition of a crime, the bill would impose a state-mandated local program.(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, and either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.This bill would delete the time limits described above and instead authorize a proceeding to obtain a judgment of nullity of marriage to be commenced at any time for the causes described above by the injured parties.The(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 10, 2025
Amended IN Assembly March 10, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1134
Introduced by Assembly Member BainsFebruary 20, 2025
Introduced by Assembly Member Bains
February 20, 2025
An act to amend Section 2211 of the Family Code, and to repeal and add Section 265 of the Penal Code, relating to crimes. marriage.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1134, as amended, Bains. Abduction for marriage or defilement. Coerced marriage.
Existing(1) Existing law makes it a crime to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry a man, or to marry any other person, or to be defiled, as specified.This bill would make that crime applicable when the victim is any person, without regard to gender or age. The bill would expand the crime to apply to a perpetrator who makes any attempts to force the victim to marry them, irrespective of gender, marry another person, or to be defiled. By expanding the definition of a crime, the bill would impose a state-mandated local program.(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, and either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.This bill would delete the time limits described above and instead authorize a proceeding to obtain a judgment of nullity of marriage to be commenced at any time for the causes described above by the injured parties.The(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing
(1) Existing law makes it a crime to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry a man, or to marry any other person, or to be defiled, as specified.
This bill would make that crime applicable when the victim is any person, without regard to gender or age. The bill would expand the crime to apply to a perpetrator who makes any attempts to force the victim to marry them, irrespective of gender, marry another person, or to be defiled. By expanding the definition of a crime, the bill would impose a state-mandated local program.
(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, and either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.
This bill would delete the time limits described above and instead authorize a proceeding to obtain a judgment of nullity of marriage to be commenced at any time for the causes described above by the injured parties.
The
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2211 of the Family Code is amended to read:2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.SECTION 1.SEC. 2. Section 265 of the Penal Code is repealed.SEC. 2.SEC. 3. Section 265 is added to the Penal Code, to read:265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2211 of the Family Code is amended to read:2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.
SECTION 1. Section 2211 of the Family Code is amended to read:
### SECTION 1.
2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.
2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.
2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:(1) Either party during the life of the other.(2) The former spouse.(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.
2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must may be commenced within the periods and at any time by the injured parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. consent, at any time.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.
(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years at any time after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years at any time after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. at any time.
SECTION 1.SEC. 2. Section 265 of the Penal Code is repealed.
SECTION 1.SEC. 2. Section 265 of the Penal Code is repealed.
### SECTION 1.SEC. 2.
SEC. 2.SEC. 3. Section 265 is added to the Penal Code, to read:265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.
SEC. 2.SEC. 3. Section 265 is added to the Penal Code, to read:
### SEC. 2.SEC. 3.
265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.
265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.
265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.
265. (a) A person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if they take another person unlawfully, against the victims will, and by force, menace, or duress does any of the following:
(1) Compel or make any attempts Compels or makes any attempt to force the victim to marry them.
(2) Compel or make any attempts Compels or makes any attempt to force the victim to marry another person.
(3) Compel or make any attempts Compels or makes any attempt for the victim to be defiled.
(b) This section shall be applied equally to victims of forced marriage or defilement regardless of their age at the time of the attempted force marriage, forced marriage, attempted defilement, or defilement.
SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.SEC. 4.