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Pen. Code, § 261.7 · Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction

Pen. Code, § 261.7

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

Notes and commentary — not statutory text

History

Amended by Stats. 2021, Ch. 626, Sec. 19. (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=PEN&sectionNum=261.7.
Text hash
sha256 1d5d486c5d95e498c11f8b98b8761fa6476eff8db1cb2e475b93d0f227565294
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

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