Sexual battery: condoms.

Existing law prohibits several forms of sexual battery, including among others, the touching of an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. This bill would establish an additional sexual battery offense when an act of sexual intercourse is accomplished under certain circumstances, including, among others, when a person using a condom intentionally and without consent removes the condom prior to or during the act, when a person using the condom intentionally and without consent tampers with the condom and that condom is used during the act, or when the person intentionally and without consent uses a condom during the act that the person knows has been tampered with. The bill would provide that the offense is punishable by imprisonment in a county jail not exceeding one year and a fine not exceeding $2,000, or by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. The bill would make additional conforming changes. By creating a new crime, this bill would impose a state-mandated program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.