California statute
Cal. Penal Code § 261.6
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 1: Rape, Abduction, Carnal Abuse of Children, and Seduction, California Penal Code.
Full text of Cal. Penal Code § 261.6
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
(a) In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, “consent” means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. (b) A current or previous dating or marital relationship is not sufficient to constitute consent if consent is at issue in a prosecution under Section 261, 286, 287, or 289, or former Section 262 or 288a. (c) This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent.
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