Police Department Policy

22-38 Legal Updates AB 1171.pdf

Kern_County_Sheriff

Policy Text
The Kern County Sheriff’s Office is committed to work in partnership with our community to enhance the safety, security, and quality of life for the residents and visitors of Kern County through professional public safety services. DONNY YOUNGBLOOD Sheriff-Coroner 1350 Norris Road, Bakersfield, California 93308-2231 Telephone (661) 391-7500 Legal Update Assembly Bill 1171 “Spousal Rape” – California Penal Code Section 262 In October of 2021, Assembly Bill 1171 (AB 1171) was enacted which repealed California Penal Code section 262, commonly referred to as “spousal rape.” All other types of rape, as contained in Penal Code sections 261(a)(2)-(7), apply regardless of whether the perpetrator and victim are spouses. Although Penal Code 261(a)(1) does not apply where the perpetrator and victim are spouses, the section specifically provides that nothing in PC 261(a)(1) precludes the prosecution of a spouse who commits the act from

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