Skip to main content

Evid. Code, § 1036.2 · Article 8.5. Sexual Assault Counselor-Victim Privilege

Evid. Code, § 1036.2

Verbatim from the official edition

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&sectionNum=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.

Cited by 1 provision

Provisions in this library whose text cites Evid. Code, § 1036.2. 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.