veeto
Home
Bills
Influence
Feedback
hamburger
    Privacy PolicyResources
    © 2025 Veeto.
    SB-258
    Justice & Public Safety

    Crimes: rape.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Removes the spousal exception from California's rape laws to criminalize non-consensual sex within marriage.
    • Expands legal protections by defining seven specific circumstances that constitute rape regardless of marital status.
    • Requires prosecutors to prove victim's inability to consent due to mental or physical conditions.
    • Establishes clear definitions of duress and menace for rape prosecution.

    Summary

    Senators Wahab, Rubio, and Cervantes have put forward legislation to remove the spousal exception from California's legal definition of rape, establishing that sexual assault within marriage would be prosecutable under the same circumstances as assaults outside of marriage. The bill modifies Section 261 of the California Penal Code to apply uniformly regardless of marital status between victim and perpetrator.

    The legislation maintains the existing circumstances that define rape, including cases where victims are incapable of consent due to mental disorder or disability, acts committed through force or threats, situations involving intoxication or unconsciousness, and instances of deception or abuse of authority. The law continues to require prosecutors to prove a victim's incapacity to consent when mental disorder or disability is involved, regardless of any existing conservatorship.

    While the bill creates a state-mandated local program by expanding the definition of a crime, it specifies that local agencies and school districts will not require state reimbursement for implementation costs. The measure requires a majority vote for passage and includes no new appropriations.

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Public Safety
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Public Safety
    Hearing scheduled for , State Capitol, Room 126
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB258 Wahab et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tom LackeyR
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Sabrina CervantesD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 20 row(s) selected.
    Page 1 of 4
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Tom LackeyR
    Assemblymember
    Committee Member
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Profile
    Sabrina CervantesD
    Senator
    Bill Author
    Profile
    James RamosD
    Assemblymember
    Committee Member
    Profile
    Melissa HurtadoD
    Senator
    Bill Author
    Profile
    Susan RubioD
    Senator
    Bill Author
    Profile
    Dave CorteseD
    Senator
    Bill Author
    Profile
    Akilah Weber PiersonD
    Senator
    Bill Author
    Profile
    Matt HaneyD
    Assemblymember
    Committee Member
    Profile
    Juan AlanisR
    Assemblymember
    Committee Member
    Profile
    Stephanie NguyenD
    Assemblymember
    Committee Member
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Committee Member
    Profile
    John HarabedianD
    Assemblymember
    Committee Member
    Profile
    Nick SchultzD
    Assemblymember
    Committee Member
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Committee Member
    Profile
    Jerry McNerneyD
    Senator
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Aisha Wahab
    Aisha WahabD
    California State Senator
    Susan Rubio
    Susan RubioD
    California State Senator
    Sabrina Cervantes
    Sabrina CervantesD
    California State Senator
    Co-Authors
    Dave Cortese
    Dave CorteseD
    California State Senator
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Cecilia Aguiar-Curry
    Cecilia Aguiar-CurryD
    California State Assembly Member
    Tim Grayson
    Tim GraysonD
    California State Senator
    Melissa Hurtado
    Melissa HurtadoD
    California State Senator
    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Akilah Weber Pierson
    Akilah Weber PiersonD
    California State Senator
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    June 2, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Key Takeaways

    • Removes the spousal exception from California's rape laws to criminalize non-consensual sex within marriage.
    • Expands legal protections by defining seven specific circumstances that constitute rape regardless of marital status.
    • Requires prosecutors to prove victim's inability to consent due to mental or physical conditions.
    • Establishes clear definitions of duress and menace for rape prosecution.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Aisha Wahab
    Aisha WahabD
    California State Senator
    Susan Rubio
    Susan RubioD
    California State Senator
    Sabrina Cervantes
    Sabrina CervantesD
    California State Senator
    Co-Authors
    Dave Cortese
    Dave CorteseD
    California State Senator
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Cecilia Aguiar-Curry
    Cecilia Aguiar-CurryD
    California State Assembly Member
    Tim Grayson
    Tim GraysonD
    California State Senator
    Melissa Hurtado
    Melissa HurtadoD
    California State Senator
    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Akilah Weber Pierson
    Akilah Weber PiersonD
    California State Senator

    Summary

    Senators Wahab, Rubio, and Cervantes have put forward legislation to remove the spousal exception from California's legal definition of rape, establishing that sexual assault within marriage would be prosecutable under the same circumstances as assaults outside of marriage. The bill modifies Section 261 of the California Penal Code to apply uniformly regardless of marital status between victim and perpetrator.

    The legislation maintains the existing circumstances that define rape, including cases where victims are incapable of consent due to mental disorder or disability, acts committed through force or threats, situations involving intoxication or unconsciousness, and instances of deception or abuse of authority. The law continues to require prosecutors to prove a victim's incapacity to consent when mental disorder or disability is involved, regardless of any existing conservatorship.

    While the bill creates a state-mandated local program by expanding the definition of a crime, it specifies that local agencies and school districts will not require state reimbursement for implementation costs. The measure requires a majority vote for passage and includes no new appropriations.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Public Safety
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Public Safety
    Hearing scheduled for , State Capitol, Room 126
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB258 Wahab et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    June 2, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tom LackeyR
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Sabrina CervantesD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 20 row(s) selected.
    Page 1 of 4
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Tom LackeyR
    Assemblymember
    Committee Member
    Profile
    Cecilia Aguiar-CurryD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Profile
    Sabrina CervantesD
    Senator
    Bill Author
    Profile
    James RamosD
    Assemblymember
    Committee Member
    Profile
    Melissa HurtadoD
    Senator
    Bill Author
    Profile
    Susan RubioD
    Senator
    Bill Author
    Profile
    Dave CorteseD
    Senator
    Bill Author
    Profile
    Akilah Weber PiersonD
    Senator
    Bill Author
    Profile
    Matt HaneyD
    Assemblymember
    Committee Member
    Profile
    Juan AlanisR
    Assemblymember
    Committee Member
    Profile
    Stephanie NguyenD
    Assemblymember
    Committee Member
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Committee Member
    Profile
    John HarabedianD
    Assemblymember
    Committee Member
    Profile
    Nick SchultzD
    Assemblymember
    Committee Member
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Committee Member
    Profile
    Jerry McNerneyD
    Senator
    Bill Author