(a)A person commits a sexual battery who does any of the following:
(1)Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
(2)Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3)Acts to cause an imminent apprehension of the conduct described in paragraph
(1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4)Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(5)Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.
(b)A person who commits a sexual battery upon another is liable
to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c)The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d)For the purposes of this
section:
(1)“Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2)“Offensive contact” means contact that offends a reasonable sense of personal dignity.
(e)The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
Notes of Decisions
Andrade v. Arby's Restaurant Grp., Inc., 225 F. Supp. 3d 1115 (N.D. Cal. 2016).
“California Civil Code § 1708.5(a) provides that a person commits sexual battery when he or she: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.”
Carmax Auto Superstores California LLC v. Hernandez, 94 F. Supp. 3d 1078 (C.D. Cal. 2015).
“1; 21 (9) gender violence in violation of California Civil Code § 52.4; 22 (10) battery; 23 (11) assault; 24 (12) sexual battery in violation of California Civil Code § 1708.”
Daza v. Los Angeles Cmty. Coll. Dist., 247 Cal. App. 4th 260 (Cal. Ct. App. 2016).
“2, 820); intentional infliction of emotional distress; sexual battery (Civ. Code, § 1708.5); battery; assault; sexual harrassment (Civ.”
Northland Ins. v. Briones, 97 Cal. Rptr. 2d 127 (Cal. Ct. App. 2000).
· cites it 2× “(Civ.Code, § 1708.5.) Since an intent is required, the conduct is intentional sexual misconduct which is, as noted above, excluded from coverage by both the terms of the policy and Insurance Code section 533.”
Kathryn Spletstoser v. John Hyten, 44 F.4th 938 (9th Cir. 2022).
“Instead, according to Spletstoser, Hyten “restrained [Spletstoser], grabbed her buttocks, kissed her against her will[,] and rubbed his penis against her until he ejaculated,” all while declaring that he “want[ed] to make love to [Spletstoser].” Based on these allegations,…”
Shanahan v. State Farm Gen. Ins., 193 Cal. App. 4th 780 (Cal. Ct. App. 2011).
“(Civ. Code, § 1708.5.) Since an intent is required, the conduct is intentional sexual misconduct which is, as noted above, excluded from coverage by both the terms of the policy and Insurance Code section 533.”
Beliveau v. Caras, 873 F. Supp. 1393 (C.D. Cal. 1995).
“Particularly where, as here, the alleged battery was committed (1) in plaintiffs own home, where she should feel (and be) less vulnerable, and (2) by one whose very role was to provide that safe environment, defendants’ contention that plaintiff has failed to allege “conduct…”
Robinson v. Louie (In Re Louie), 213 B.R. 754 (Bankr. N.D. Cal. 1997).
· cites it 2× “Robinson apparently bases these causes of action on California Civil Code § 1708.5 (1997) (“C.”
Taylor v. Beth Eden Baptist Church, 294 F. Supp. 2d 1074 (N.D. Cal. 2003).
“Claim Eight: Sexual battery in violation of California Civil Code § 1708.5. 9. Claim Nine: Retaliation in violation of California Fair Employment and Housing Act (FEHA), Cal.”
Doe v. City of San Diego, 35 F. Supp. 3d 1195 (S.D. Cal. 2014).
“Cal. Civ.Code § 1708.5(a). The essential elements of a cause of action for assault are: (1) defendant acted with intent to cause harmful or offensive contact, or threatened to touch plaintiff in a harmful or offensive manner; (2) plaintiff reasonably believed she was about to be…”
Ramirez v. Cnty. of San Diego (S.D. Cal. 2024).
· cites it 4× “against Does 1 28 through 6; (6) Monell liability for an unconstitutional custom, policy, and training against 1 the County; (7) unreasonable strip search in violation of the Fourth Amendment against 2 Does 7 through 9; (8) unreasonable strip search in violation of the Fourth…”
— Cal. Civil Code § 1708.5(a) — 2 cases
Andrade v. Arby's Restaurant Grp., Inc., 225 F. Supp. 3d 1115 (N.D. Cal. 2016).
“California Civil Code § 1708.5(a) provides that a person commits sexual battery when he or she: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.”
Doe v. City of San Diego, 35 F. Supp. 3d 1195 (S.D. Cal. 2014).
“Cal. Civ.Code § 1708.5(a). The essential elements of a cause of action for assault are: (1) defendant acted with intent to cause harmful or offensive contact, or threatened to touch plaintiff in a harmful or offensive manner; (2) plaintiff reasonably believed she was about to be…”
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