Pen. Code, § 264.2 · Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
Pen. Code, § 264.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) When there is an alleged violation or violations of subdivision (e) of Section 243, or Section 261, 261.5, 273.5, 286, 287, or 289, the law enforcement officer assigned to the case shall immediately provide the victim of the crime with the “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701, or with the card described in subdivision (a) of Section 680.2, whichever is more applicable.
(b) (1) The law enforcement officer, or the law enforcement officer’s agency, shall immediately notify the local rape victim counseling center, whenever a victim of an alleged violation of Section 261, 261.5, 286, 287, or 289 is transported to a hospital for a medical evidentiary or physical examination. The hospital may notify the local rape victim counseling center, when the victim of the alleged violation of Section 261, 261.5, 286, 287, or 289 is presented to the hospital for the medical or evidentiary physical examination, upon approval of the victim. The victim has the right to have a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, and a support person of the victim’s choosing present at any medical evidentiary or physical examination.
(2) Prior to the commencement of an initial medical evidentiary or physical examination arising out of a sexual assault, the medical provider shall give the victim the card described in subdivision (a) of Section 680.2. This requirement shall apply only if the law enforcement agency has provided the card to the medical provider in a language understood by the victim.
(3) The hospital may verify with the law enforcement officer, or the law enforcement officer’s agency, whether the local rape victim counseling center has been notified, upon the approval of the victim.
(4) A support person may be excluded from a medical evidentiary or physical examination if the law enforcement officer or medical provider determines that the presence of that individual would be detrimental to the purpose of the examination.
(5) After conducting the medical evidentiary or physical examination, the medical provider shall give the victim the opportunity to shower or bathe at no cost to the victim, unless a showering or bathing facility is not available.
(6) A medical provider shall, within 24 hours of obtaining sexual assault forensic evidence from the victim, notify the law enforcement agency having jurisdiction over the alleged violation if the medical provider knows the appropriate jurisdiction. If the medical provider does not know the appropriate jurisdiction, the medical provider shall notify the local law enforcement agency.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 23. (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=264.2.
- Text hash
- sha256 4067286f813a4c60bd876d96a46298dc8e5e4943905c60889bb7ef3a852a1d18
- 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, § 243Printed as Section 243
- Pen. Code, § 261Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 261.5Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 273.5Printed as Section 261, 261.5, 273.5, 286, 287, or 289
- Pen. Code, § 286Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 287Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 289Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 680.2Printed as Section 680.2
- Pen. Code, § 13701Printed as Section 13701
Cited by 3 provisions
Provisions in this library whose text cites Pen. Code, § 264.2. 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.