California § 261.6. 261.6. (Amended by Stats. 2021, Ch. 626, Sec. 18.)

California Statutes

§ 261.6. — 261.6. (Amended by Stats. 2021, Ch. 626, Sec. 18.)

California § 261.6.

Code PENPenal Code - PEN

Title9.

Part 1.TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

Ch. 1.CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction

This text of California § 261.6. (261.6. (Amended by Stats. 2021, Ch. 626, Sec. 18.)) 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. Penal Code - PEN Code § 261.6. (2026).

Text

(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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(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.