Penal Code section 261.6

(a)

In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, “consent” means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
(b)A current or previous dating or marital relationship is not sufficient to constitute consent if consent is at issue in a prosecution under Section 261, 286, 287, or 289, or former Section 262 or 288a.

(c)

This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent.

Source: Section 261.6, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=261.­6.­ (updated Jan. 1, 2022; accessed Dec. 29, 2025).

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Verified:
Dec. 29, 2025

§ 261.6's source at ca​.gov