Civ. Code, § 1708.5 · Part 3. OBLIGATIONS IMPOSED BY LAW
Civ. Code, § 1708.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1708.5.
- Text hash
- sha256 10993260b8b411b496db0090efd23549ab59d2292773b976adfe2a1e39dbd234
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 3 provisions
Provisions in this library whose text cites Civ. Code, § 1708.5. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.