2022 California Code

Civil Code – CIV

DIVISION 1 – PERSONS

PART 2 – PERSONAL RIGHTS

Section 43.

Universal Citation: CA Civ Code § 43 (2022)

43. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.

(Amended by Stats. 1953, Ch. 604.)

43.1. A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child’s interests in the event of the child’s subsequent birth.

(Added by Stats. 1992, Ch. 163, Sec. 4. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

43.3. Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.

(Added by Stats. 1997, Ch. 59, Sec. 1. Effective January 1, 1998.)

43.4. A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.

(Added by Stats. 1959, Ch. 381.)

43.5. No cause of action arises for:

(a) Alienation of affection.

(b) Criminal conversation.

(c) Seduction of a person over the age of legal consent.

(d) Breach of promise of marriage.

(Added by Stats. 1939, Ch. 128.)

43.54. (a) A person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse.

(b) This section does not narrow, or in any way lessen, any existing common law privilege.

(c) This section does not apply to arrests made pursuant to a valid judicial warrant.

(Added by Stats. 2019, Ch. 787, Sec. 2. (AB 668) Effective January 1, 2020.)

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