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.