AB 1739 California Assembly · 2025-2026 Regular Session

Crimes: sexual exploitation: clergy.

Summary
Existing law prohibits the touching of an intimate part, as defined, of another person if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. Existing law makes a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor who engages in specified sexual acts or sexual contact with a patient or client guilty of sexual exploitation and makes a violation of those provisions a crime, except as specified, punishable as a misdemeanor or a felony. This bill would make a member of the clergy, as defined, who engages in specified sexual acts or contact with a current or former patient, client, or member of the congregation, as specified, guilty of sexual exploitation by a member of the clergy. The bill would specify that consent is not a defense to a violation of that provision and would make the crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 5, 2026 Last action May 14, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

04/16/26 - Amended Assembly 04/22/26 - Amended Assembly · 5 edits · Apr 22, 2026
MODERATE
The April 22 amendment restructures AB 1739 by creating a new standalone criminal statute (Section 266.6 of the Penal Code) for sexual exploitation by members of the clergy, separating it from the broader professional misconduct provision in Section 729 of the Business and Professions Code. This elevates clergy sexual exploitation to its own distinct crime with independent definitions, penalty tiers, and a consent-is-not-a-defense rule, rather than treating it as one category within a multi-profession statute. Coauthors (Addis, Lowenthal, and Pellerin) were also added.
Scope change
The bill's scope was restructured rather than expanded or narrowed. Clergy sexual exploitation is now a freestanding crime in the Penal Code (Section 266.6) instead of being embedded within the Business and Professions Code provision covering multiple professional categories. This gives clergy sexual exploitation independent legal standing with its own definitions and penalties, while Section 729 retains the clergy provision in subdivision (a)(2) for continuity.
SCOPE

A new Section 266.6 is added to the Penal Code creating 'sexual exploitation by a member of the clergy' as a standalone criminal offense with its own definitions, penalty structure, and consent-is-not-a-defense rule. Previously this conduct was only covered as part of the broader Section 729 professional misconduct statute.

Section 729(a)(1) of the Business and Professions Code no longer includes members of the clergy among the covered professionals. Clergy are now addressed separately in subdivision (a)(2) and through the new Penal Code section, cleanly separating clergy from medical and mental health professionals.

DEFINITION

The definition of 'member of the clergy' was simplified from a redundant two-part definition (listing priests, ministers, rabbis, etc. twice with slightly different phrasing) to a single concise definition: 'a priest, minister, rabbi, ordained religious practitioner, or similar functionary of a recognized religious organization.' The separate definition of 'member of the congregation' was removed from the new Penal Code section.

ENFORCEMENT

The new Section 266.6 includes its own confidentiality provision (subdivision e) protecting patient/client records during investigation and prosecution, and a partnership liability limitation (subdivision f) stating that one clergy member's violation does not expose other members of the same group to liability.

REQUIREMENT

Coauthors Assembly Members Addis, Lowenthal, and Pellerin were added to the bill.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
15
Key actions
6
Committee
9
Amendments
5
May 14, 2026
Lower · Passed
In committee: Held under submission.
lower
May 6, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 23, 2026
Committee
Re-referred to Com. on APPR.
lower
Apr 22, 2026
Lower · Passed
Read second time and amended.
lower
Apr 21, 2026
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 2.) (April 21).
lower
Apr 20, 2026
Committee
Re-referred to Com. on B. & P.
lower
Apr 16, 2026
Lower · Passed
Read second time and amended.
lower
Apr 15, 2026
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on B. & P. (Ayes 7. Noes 1.) (April 14).
lower
Apr 7, 2026
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Mar 24, 2026
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 10, 2026
Committee
Re-referred to Com. on PUB. S.
lower
Mar 9, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 9, 2026
Committee
Referred to Coms. on PUB. S. and B. & P.
lower
Feb 6, 2026
Lower · Passed
From printer. May be heard in committee March 8.
lower
1 primary · 3 co-sponsors

Sponsors