The governor for the state of California, Gavin Newsom has signed into law, what is known as the California Stealthing law that makes removal of condom during copulation without the consent of the other, illegal.

The act known as Stealthing becomes illegal and considered a sexual battery in the state of California with the coming into force of the California Stealthing law. The law is an amendment to Section 1708.5 of the Civil Code of the state of California.

What is stealthing?

Stealthing or Nonconsensual condom removal is when a partner secretly removes a condom being used as protection during a sexual act without seeking the consent of the other.

California Stealthing law (Full Text)

1708.5.

(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.

Penalties for stealthing

The law states that stealthing is a civil illegality and one who commits the act is liable to the person at the receiving end. Such a person can sue for nonconsensual condom removal and the court can grant equitable relief, including, but not limited to,

  1. 1. an injunction
  2. costs
  3. any other relief the court deems proper.
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