1, California Assembly Bill 16 (AB 16) went into effect, amending Penal Code Section 273.5 (corporal injury on a spouse, cohabitant or co-parent).It expands the definition of who can be a victim of domestic violence to include former fiancés and fiancées as well as current and former dating partners.AB 16 amends Penal Code Section 273.5 to classify the following as those who can be victims of domestic abuse: The new law specifies “dating relationship” as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.” The additions of former fiancés and former dating relationships are key to section 273.5.With the expanded definition of who can be a victim of domestic violence, the number of domestic violence cases can be expected to rise.(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.As used in this paragraph,”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.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
of this year that amended the Family Code to allow for a couple to be considered “living separate and apart” while still living under the same roof for purposes of establishing a date of separation as a precursor of divorce.
This Senate bill also applies retroactively to all divorce cases that are still pending as of January 1, 2017.
As a felony, it is punishable by up to four years in state prison and up to ,000 in fines.
If you have previously been convicted for battery, sexual battery or other types of aggravated assault, the state prison sentence can be extended to five years.