(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.

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Terms Used In California Penal Code 261.6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • will: includes codicil. See California Penal Code 7

(c) This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent.

(Amended by Stats. 2021, Ch. 626, Sec. 18. (AB 1171) Effective January 1, 2022.)

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