BILL ANALYSIS AB 33 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 33 (Sharon Runner) As Amended August 16, 2005 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 14, |SENATE: |40-0 |(August 30, | | | |2005) | | |2005) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Increases the age of the minor, for the purpose of the luring provisions from 12 years of age or under to 14 years of age or under. The Senate amendments : 1)Reinstate the existing law alternative misdemeanor/infraction penalty which was deleted in the Assembly. 2)Make a technical cross-reference. EXISTING LAW : 1)Provides that an adult stranger 21 years of age or older who knowingly contacts or communicates with a minor 12 years of age or younger, who knew or should have known that the minor is 12 years of age or younger, for the purpose of persuading, transporting, or luring the minor away from his or her home or known location, without consent, is guilty of either an infraction or a misdemeanor. 2)Provides that any person who by act or omission persuades, induces, or commands a person under the age of 18 years to disobey a lawful order of the juvenile court or causes a minor to remain a delinquent or dependent child is guilty of contributing to the delinquency of a minor. 3)Makes the punishment for the offense of contributing to the delinquency of a minor a misdemeanor, punishable by imprisonment in the county jail up to one year; by a fine not exceeding $2,500; or by both. 4)Provides that any person with knowledge that a person is a AB 33 Page 2 minor, or who fails to exercise reasonable care in determining the true age of a minor, who sends any harmful matter with the intent to sexually arouse himself or herself or a minor for the purpose of seducing the minor is guilty of an alternate felony-misdemeanor. A second conviction for the offense is a felony. 5)Authorizes the forfeiture of a computer or telecommunications equipment uses in the commission of specified theft, fraud, and computer crimes. AS PASSED BY THE ASSEMBLY , this bill: 1)Deleted the infraction penalty from the alternate misdemeanor/infraction crime of communicating with a minor for the purpose of luring or persuading the minor away from the minor's home making that crime punishable as a misdemeanor only. 2)Increased the age of the minor, for the purpose of the luring provisions from 12 years of age or under to 14 years of age or under. 3)Added the crime of luring a minor away from the home to the list of crimes which makes a computer used in the commission of the offense subject to forfeiture. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis: 1)Negligible state cost. 2)Potential minor non-reimbursable local incarceration costs, offset to some extent by increased fine revenue." COMMENTS : According to the author, "The proliferation of the Internet has caused child predators to move from the playground to the World Wide Web in search of unsuspecting children. Children now encounter ever-increasing dangers and parents, in turn, face a growing challenge to protect their young. "Unfortunately, due to greater access to the Internet and a stronger sense of independence, teenagers are the most frequently targeted population for predatory luring. This bill, therefore, would increase the age of children protected by state AB 33 Page 3 law from age 12 to age 14. Furthermore, this bill would enhance the penalty for child luring in order to further discourage the crime and provide a more appropriate punishment. The bill also includes provisions that upon conviction would make the defendant's computer subject to forfeiture. Removing a known predator's access to innocent victims is a common-sense approach to preventing further victimization." Please see the policy committee analysis for full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0012247