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California · Through 2026-09-13

PEN § 261.7

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Where this section sits in the code
  1. Penal Code - PEN
  2. PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.]
  3. TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261. - 368.7.]
  4. CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261. - 269.]

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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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