BILL NUMBER: AB 534 AMENDED BILL TEXT AMENDED IN SENATE MAY 19, 2008 AMENDED IN SENATE MAY 6, 2008 AMENDED IN SENATE APRIL 14, 2008 AMENDED IN SENATE SEPTEMBER 5, 2007 AMENDED IN SENATE AUGUST 28, 2007 AMENDED IN ASSEMBLY JUNE 1, 2007 INTRODUCED BY Assembly Members Smyth, Parra, Spitzer, and Sharon Runner ( Coauthor: Senator Romero ) FEBRUARY 21, 2007 An act to add Section 273i to the Penal Code, relating to crimes against children. LEGISLATIVE COUNSEL'S DIGEST AB 534, as amended, Smyth. Crimes against children. Existing law makes it unlawful for any person to abuse children, as specified. This bill would make it a misdemeanor, punishable as specified, for any person to publish information, as defined, describing or depicting the physical appearance of a child, the location of a child, or locations where children may be found with the intent that another person imminently use the information to commit a crime against a child and the information is likely to aid in the imminent commission of a crime against a child. This bill would also authorize the parent or legal guardian of a child about whom information is published to seek a preliminary injunction enjoining any further publication of that information. Because this bill would create a new crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 273i is added to the Penal Code, to read: 273i. (a) Any person who publishes information describing or depicting a child, the physical appearance of a child, the location of a child, or locations where children may be found with the intent that another person imminently use the information to commit a crime against a child and the information is likely to aid in the imminent commission of a crime against a child, is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than one year, a fine of not more than one thousand dollars ($1,000), or by both a fine and imprisonment. (b) For purposes of this section, "publishes" means making the information available to another person through any medium, including, but not limited to, the Internet, the World Wide Web, or e-mail. (c) For purposes of this section, "child" means a person who is 14 years of age or younger. (d) For purposes of this section, "information" includes, but is not limited to, an image, film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, or any other computer-generated image. (e) Any parent or legal guardian of a child about whom information is published in violation of subdivision (a) may seek a preliminary injunction enjoining any further publication of that information. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.