California Codes

Cal. Evidence Code § 1036.2 (2026)

✓ current as of May 2026

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As used in this article, “sexual assault” includes all of the following:

(a)Rape, as defined in Section 261 of the Penal Code.

(b)Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code.

(c)Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code.

(d)Sodomy, as defined in Section 286 of the Penal Code, except a violation of subdivision (e) of that section.

(e)A violation of Section 288 of the Penal Code.

(f)Oral copulation, as defined in Section 287 of, or former Section 288a of, the Penal Code, except a violation of subdivision (e) of those sections.

(g)Sexual penetration, as defined in Section 289 of the Penal Code.

(h)Annoying or molesting a child under 18 years of age, as defined in Section 647a of the Penal Code.

(i)Any attempt to commit any of the acts listed in this section.

Notes of Decisions

Cited in 2 cases, 2001–2001 · leading case: People v. Murphy, 19 P.3d 1129 (Cal. 2001).

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People v. Murphy, 19 P.3d 1129 (Cal. 2001). · cites it 2× “Code, § 1203.066, subd. (b)). In contrast, defendant's construction of section 1192.”

People v. Quintana, 2001 Cal. Daily Op. Serv. 5092 (Cal. Ct. App. 2001). “(Evid. Code, § 1036.2, subd. (h) [defining “sexual assault” for purposes of sexual assault victim-counselor privilege]; § 666.”

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