SB 404: Prohibiting underage, unauthorized marriages.

Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victims spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law also makes it a misdemeanor to sexually assault certain animals for the purpose of gratifying the sexual desires of a person. Existing law makes it a crime to engage in certain types of conduct against a dependent adult or dependent person, including, among others, committing certain sexual acts upon a dependent person.

This bill would make it a misdemeanor for any person person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership between a minor and another person. The bill would make a violation of these provisions punishable by a fine of not less than $5,000 and more than $1,000 or by imprisonment in a county jail for up to one year per incident. The bill would exclude a marriage or domestic partnership entered into after receiving a court order, as specified.

Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.