National Indian Country Clearinghouse on Sexual Assault
 

CALIFORNIA SEXUAL VIOLENCE CODES

*California is a mandatory Public Law 280 state.

 

 

 

Cal Fam Code §6401 (2010) - Definitions

 

Cal Fam Code §6401 defines the terms used throughout its protection order statutes.

 

"Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.

 

"Foreign protection order" means a protection order issued by a tribunal of another state.

 

"Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order.

 

"Issuing state" means the state whose tribunal issues a protection order.

 

"Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.

 

"Respondent" means the individual against whom enforcement of a protection order is sought.

 

"Protected individual" means an individual protected by a protection order.

 

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or any branch of the United States military, that has jurisdiction to issue protection orders.

 

 

 

Cal Fam Code § 6402 (2010) - Enforcement of valid foreign protection order in state tribunal

 

Cal Fam Code § 6402 establishes policies and procedures for enforcement of valid foreign protective orders.

 

A person protected by an order issued in another state or jurisdiction may seek enforcement in California courts, which shall enforce the terms of the order, including terms that provide relief that a California tribunal would lack power to provide but for this section. In a proceeding to enforce a foreign protection order, the tribunal shall follow California’s procedures for the enforcement of protection orders rather than those of the issuing state. However, if the issuing jurisdiction does not provide a legal avenue for a protected person to enforce the protection order, that person may not seek its enforcement in California.

 

California courts will enforce the provisions of a valid foreign protection order governing custody and visitation, so long as the order would be enforceable in the issuing state.

 

A foreign protection order is valid in California if it meets all of the following criteria:

 

(1) Identifies the protected individual and the respondent.

 

(2) Is currently in effect.

 

(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state.

 

(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order issued without the respondent present, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.

 

California may enforce mutual foreign protection orders that protect the respondent only if the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state, and the issuing state made specific findings in favor of the respondent.

 

 

 

Cal Fam Code § 6403 (2010) - Enforcement of foreign protection order by law enforcement officer

 

Cal Fam Code § 6403 establishes law enforcement policies and procedures for enforcing valid foreign protective orders.

 

In California, law enforcement officers are required to enforce protection orders from other states and jurisdictions in the same way they enforce California protection orders. A protected person who presents a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes, in and of itself, probable cause to believe that a valid foreign protection order exists. The protection order may be stored in an electronic or other medium if it is retrievable in readable form. Presentation of a certified copy of a protection order is not required for enforcement.

 

If a foreign protection order is not presented, California law enforcement officers may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists. Once probable cause is established, the officer may enforce the order. If, however, an officer determines that the respondent has not been notified of the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice.

 

California does not require registration or filing of an order for the enforcement of a valid foreign protection order.

 

 

 

Cal Fam Code § 6404 (2010) - Registration of foreign protection order

 

 

 

CAL. PENAL CODE § 243.4 SEXUAL BATTERY

 

 

 

CAL. PENAL CODE § 261. RAPE DEFINED

 

CAL. PENAL CODE § 261.6 CONSENT; CURRENT OR PREVIOUS DATING OR MARITAL RELATIONSHIP; ADMISSIBILITY OF EVIDENCE OR BURDEN OF PROOF

 

CAL. PENAL CODE § 261.7 EVIDENCE THAT VICTIM REQUESTED THAT DEFENDANT USE CONDOM OR OTHER BIRTH CONTROL DEVICE; CONSENT

 

 

 

CAL. PENAL CODE § 262. RAPE OF A SPOUSE; ELEMENTS; CONDITIONS OF PROBATION; FINES, PAYMENTS, OR RESTITUTION

 

 

 

CAL. PENAL CODE § 263. RAPE; ESSENTIALS; SUFFICIENCY OF PENETRATION

 

 

 

CAL. PENAL CODE § 264.1 RAPE OR PENETRATION OF GENITAL OR ANAL OPENINGS BY FOREIGN OBJECT, ETC.; ACTING IN CONCERT BY FORCE OR VIOLENCE; PUNISHMENT

 

 

 

CAL. PEN. CODE §264.2(B)(2). "VICTIM OF DOMESTIC VIOLENCE" CARD; NOTIFICATION OF COUNSELING CENTER

 

CAL. PEN. CODE §264.2(B)(2) requires the law enforcement officer (or his or her agency) to immediately notify the local rape victim counseling center, whenever a victim of an alleged rape or sexual assault is transported to a hospital for any medical evidentiary or physical examination. The victim shall have the right to have a sexual assault counselor and a support person of the victim's choosing present at any medical evidentiary or physical examination.

 

Prior to beginning any initial medical evidentiary or physical examination arising out of a sexual assault, the medical provider must notify a victim either orally or in writing that the victim has the right to have present a sexual assault counselor and at least one other support person of the victim's choosing.

 

The hospital may verify with the law enforcement officer, or his or her agency, whether the local rape victim counseling center has been notified, upon the approval of the victim.

 

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.

 

 

 

CAL. PENAL CODE § 266C. UNLAWFUL SEXUAL INTERCOURSE, SEXUAL PENETRATION, ORAL COPULATION, OR SODOMY; CONSENT PROCURED BY FALSE OR FRAUDULENT REPRESENTATION WITH INTENT TO CREATE FEAR; PUNISHMENT

 

 

 

CAL. PENAL CODE § 285. INCEST

 

 

 

CAL. PENAL CODE § 286. SODOMY; PUNISHMENT

 

 

 

CAL. PENAL CODE § 288. LEWD OR LASCIVIOUS ACTS; PENALTIES; PSYCHOLOGICAL HARM TO VICTIM

 

CAL. PENAL CODE § 288A. ORAL COPULATION; PUNISHMENT

 

 

 

CAL. PENAL CODE § 289. FORCIBLE ACTS OF SEXUAL PENETRATION; PUNISHMENT

 

 

 

CAL. PENAL CODE § 290. FORCIBLE ACTS OF SEXUAL PENETRATION; PUNISHMENT

 

Cal. Penal Code § 290 requires sex offenders to register for the rest of his or her life while residing in California, or while attending school or working in California, with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she resides upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus.

 

 

 

CAL. PENAL CODE § 290.15 FORCIBLE ACTS OF SEXUAL PENETRATION; PUNISHMENT- requires a convicted sex offender to register, or reregister if he or she has previously registered, upon release from incarceration, placement, commitment, or release on probation.

 

Cal. Penal Code § 290.15 - Explanation

 

 

 

Cal. Penal Code § 290.45 - allows any designated law enforcement entity to provide information to the public about a person required to register as a sex offender by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity concerning that specific person.

 

Cal. Penal Code § 290.45 - Explanation

 

 

 

Cal. Penal Code § 290.46 - requires California's Department of Justice to make information available concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site, which must be kept current.

 

Cal. Penal Code § 290.46 - Explanation

 

 

 

Cal. Penal Code § 290.95

 

Cal. Penal Code § 290.95 requires every person required to register, who applies for or accepts a position as an employee or volunteer with any person, group, or organization where the registrant would be regularly working directly and in an unaccompanied setting with minor children, regularly touch minor children, or have supervision or disciplinary power over minor children, must disclose his or her status as a registrant to his or her prospective employer when they apply for or accept the employment.

 

If the registrant was convicted for a crime against a victim who was under 16 years of age at the time of the crime, he or she cannot be an employer, employee, or independent contractor, or act as a volunteer with any person, group, or organization in a capacity in which the registrant regularly would be working directly and in an unaccompanied setting with minor children or have supervision or disciplinary power over minor children. This provision shall not apply to a business owner or an independent contractor who does not work directly in an unaccompanied setting with minors.

 

A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, and a violation of this section shall not constitute a continuing offense.

 

 

 

CAL. PENAL CODE § 314. LEWD OR OBSCENE CONDUCT; INDECENT EXPOSURE; OBSCENE EXHIBITIONS; PUNISHMENT

 

 

 

CAL. PEN. CODE §679.04. VICTIM OF SEXUAL ASSAULT; RIGHT TO ADVOCATE AND SUPPORT PERSON

 

CAL. PEN. CODE §679.04 provides a sexual assault victim the right to have victim advocates and a support person of the victim's choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “victim advocate” means a sexual assault counselor or a victim advocate working in a center established through official channels.

 

Prior to beginning the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault shall be notified verbally or in writing by the attending law enforcement authority or district attorney that the victim has the right to have victim advocates and a support person of the victim's choosing present at the interview or contact. This requirement also applies to investigators and agents employed or retained by law enforcement or the district attorney.

 

At the time the victim is advised of his or her rights outlined above, the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney.

 

An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section.

 

 

 

Cal. Penal Code § 3003.5 forbids a sex offender registrant who is on parole from living in any single family dwelling with any other person who is also required to register unless those persons are legally related by blood, marriage, or adoption.

 

Cal. Penal Code § 3003.5 forbids a sex offender registrant who is on parole from living in any single family dwelling with any other person who is also required to register unless those persons are legally related by blood, marriage, or adoption.

 

Registrants cannot live within 2000 feet of any public or private school, or park where children regularly gather. Municipal jurisdictions may enact local ordinances that further restrict the residency of any person for whom registration is required.

 

 

 

SEX OFFENDER RISK ASSESSMENT IN CALIFORNIA

 

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy   Login