California § 1708.5.5. 1708.5.5. (Added by Stats. 2015, Ch. 128, Sec. 1.)

California Statutes

§ 1708.5.5. — 1708.5.5. (Added by Stats. 2015, Ch. 128, Sec. 1.)

California § 1708.5.5.

Code CIVCivil Code - CIV

Div. 3.DIVISION 3. OBLIGATIONS

Part 3.PART 3. OBLIGATIONS IMPOSED BY LAW

This text of California § 1708.5.5. (1708.5.5. (Added by Stats. 2015, Ch. 128, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Civil Code - CIV Code § 1708.5.5. (2026).

Text

(a)Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor.

(b)For purposes of this section, an adult is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a natural parent, stepparent, foster parent, relative, partner of any such parent or relative, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employee of one of those aforementioned persons, or coworker.

(c)For purposes of this section, “undue influence” has the same meaning

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(a)
Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor.
(b)
For purposes of this section, an adult is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of
authority” includes, but is not limited to, a natural parent, stepparent, foster parent, relative, partner of any such parent or relative, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employee of one of those aforementioned persons, or coworker.
(c)
For purposes of this section, “undue influence” has the same meaning as in Section 15610.70 of the Welfare and Institutions Code.