Civ. Code, § 1708.5.5 · Part 3. OBLIGATIONS IMPOSED BY LAW
Civ. Code, § 1708.5.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor.
(b) For purposes of this section, an adult is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a natural parent, stepparent, foster parent, relative, partner of any such parent or relative, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employee of one of those aforementioned persons, or coworker.
(c) For purposes of this section, “undue influence” has the same meaning as in Section 15610.70 of the Welfare and Institutions Code.
Notes and commentary — not statutory text
History
Added by Stats. 2015, Ch. 128, Sec. 1. (SB 14) Effective January 1, 2016.
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=1708.5.5.
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- sha256 35e2fd3bcad7b116507b389773b709abf1abdc11aff93ec7c5d845bc0d780ed3
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- 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
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