BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 33
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 33 (Sharon Runner)
          As Amended August 16, 2005
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(April 14,      |SENATE: |40-0 |(August 30,    |
          |           |     |2005)           |        |     |2005)          |
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           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
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          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 


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