California · Military and Veterans Code - MVC

MVC §392: (a) Members of the militia in the active service of the state shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty.

Civil

What this law says, in plain English

This statute provides immunity from civil and criminal liability for militia members acting in performance of their duty, with exceptions for acts outside military duty including sexual assault and harassment.

Read the full statutory text

(a) Members of the militia in the active service of the state shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. (b) Subdivision (a) shall not apply to any act or acts by members of the militia in the active service of the state done by them outside the performance of their military duty, including, but not limited to, sexual assault, as defined in Section 470.5, and sexual harassment, as defined in Section 475.

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