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