11165.1
. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), Section 264.1 (rape in concert),
Section 285 (incest), Section 286 (sodomy), subdivision (a) or (b),
or paragraph (1) of subdivision (c) of Section 288 (lewd or
lascivious acts upon a child), Section 288a (oral copulation),
Section 289 (sexual penetration), or Section 647.6 (child
molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Penetration, however slight, of the vagina or anal opening of
one person by the penis of another person, whether or not there is
the emission of semen.
(2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and
buttocks, or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child's welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose or
model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct. For the purpose of this
section, "person responsible for a child's welfare" means a parent,
guardian, foster parent, or a licensed administrator or employee of a
public or private residential home, residential school, or other
residential institution.
(3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.
(d) "Commercial sexual exploitation" refers to either of the
following:
(1) The sexual trafficking of a child, as described in subdivision
(c) of Section 236.1.
(2) The provision of food, shelter, or payment to a child in
exchange for the performance of any sexual act described in this
section or subdivision (c) of Section 236.1.