1. (a) the victim was directly threatened with a weapon;
2. (b) the victim was within sight of a person brandishing a weapon and reasonably felt threatened for his or her own safety;

3. (c) the victim was directly threatened verbally with serious bodily injury and there was a reasonable probability that:

   1. (1) the threat would be carried out; and
   2. (2) physical injury would result if the threat were carried out.
4. (d) For purposes of sexual battery, physical injury is presumed when there is a non-consensual intimate touching (breasts, buttocks, or genitals) of the victim for the sexual gratification of the suspect.

A threat of physical injury includes, but is not limited to the following situations:

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13955, Government Code.

History

1. Change without regulatory effect renumbering former section 652.2 to section 649.40, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).

2. New subsection (d) filed 8-12-2014; operative 10-1-2014 (Register 2014, No. 33).