AB 867

This bill establishes a civil cause of action for damages for nonconsensual

removal or tampering with a sexually protective device. The bill defines a sexually

protective device as a male or female condom, spermicide, diaphragm, cervical cap,

contraceptive sponge, dental dam, or any other physical device intended to prevent

pregnancy or sexually transmitted infection.

Under the bill, a person who engaged in sexual intercourse or sexual contact

that was mutually agreed upon by the parties involved with the explicit

understanding and knowledge that a sexually protective device would be used to help

prevent or safeguard against pregnancy or a sexually transmitted infection has a

civil cause of action against that other person if the other person 1) intentionally and

without consent removed or tampered with the sexually protective device during

sexual intercourse or sexual contact, in a manner likely to render such device

ineffective for its common purpose; 2) intentionally and without consent used a

sexually protective device during such sexual intercourse or sexual contact that the

other person knew had been tampered with in a manner likely to render such device

ineffective for its common purpose; or 3) intentionally misled the plaintiff into

believing that a sexually protective device was being used by that other person

during sexual intercourse or sexual contact, and that sexually protective device was

known by the other person to be either not used or inoperable.