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California legal term

unconscious of the nature of the act in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “unconscious of the nature of the act” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “unconscious of the nature of the act” mean in California criminal law?

“unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions: (A) Was unconscious or asleep. (Cal. Penal Code § 261)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.