Evid. Code, § 1036.2 · Article 8.5. Sexual Assault Counselor-Victim Privilege
Evid. Code, § 1036.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
As used in this article, “sexual assault” includes all of the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code.
(c) Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code.
(d) Sodomy, as defined in Section 286 of the Penal Code, except a violation of subdivision (e) of that section.
(e) A violation of Section 288 of the Penal Code.
(f) Oral copulation, as defined in Section 287 of, or former Section 288a of, the Penal Code, except a violation of subdivision (e) of those sections.
(g) Sexual penetration, as defined in Section 289 of the Penal Code.
(h) Annoying or molesting a child under 18 years of age, as defined in Section 647a of the Penal Code.
(i) Any attempt to commit any of the acts listed in this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 7. (AB 1171) 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=EVID§ionNum=1036.2.
- Text hash
- sha256 5806b29e3757ed3de1da315e75a5285ea7e945508680f25a306bc0e5d55a8e92
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 261Printed as Section 261 of the Penal Code
- Pen. Code, § 261.5Printed as Section 261.5 of the Penal Code
- Pen. Code, § 264.1Printed as Section 264.1 of the Penal Code
- Pen. Code, § 286Printed as Section 286 of the Penal Code
- Pen. Code, § 288Printed as Section 288 of the Penal Code
- Pen. Code, § 289Printed as Section 289 of the Penal Code
- Pen. Code, § 647aPrinted as Section 647a of the Penal Code
Cited by 1 provision
Provisions in this library whose text cites Evid. Code, § 1036.2. Each shows the citation as that text prints it.
Code of Civil Procedure
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.