BILL NUMBER: AB 919	CHAPTERED  09/29/08

	CHAPTER  583
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  AUGUST 20, 2008
	AMENDED IN SENATE  MAY 6, 2008
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Houston

                        FEBRUARY 22, 2007

   An act to add Section 653.2 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 919, Houston. Electronic communication devices: threats to
safety.
   Under existing law, any person who willfully, maliciously, and
repeatedly follows or harasses another person and makes a credible
threat, intended to place that person in fear for his or her safety
or the safety of his or her immediate family, is guilty of the crime
of stalking.
   This bill would make a person who, with the intent to place
another person in reasonable fear for his or her safety, or the
safety of the other person's immediate family, by means of an
electronic communication device, and without consent of the other
person, and for the purpose of imminently causing that other person
unwanted contact, injury, or harassment by a 3rd party, distributes
specified identifying information that would be likely to incite or
produce that unlawful action, guilty of a misdemeanor. By creating a
new crime, the bill 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 653.2 is added to the Penal Code, to read:
   653.2.  (a) Every person who, with intent to place another person
in reasonable fear for his or her safety, or the safety of the other
person's immediate family, by means of an electronic communication
device, and without consent of the other person, and for the purpose
of imminently causing that other person unwanted physical contact,
injury, or harassment, by a third party, electronically distributes,
publishes, e-mails, hyperlinks, or makes available for downloading,
personal identifying information, including, but not limited to, a
digital image of another person, or an electronic message of a
harassing nature about another person, which would be likely to
incite or produce that unlawful action, is guilty of a misdemeanor
punishable by up to one year in the county jail, by a fine of not
more than one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (b) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cell phones, computers, Internet Web pages or sites, Internet phones,
hybrid cellular/Internet/wireless devices, personal digital
assistants (PDAs), video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term is
defined in Section 2510(12) of Title 18 of the United States Code.
   (c) For purposes of this section, the following terms apply:
   (1) "Harassment" means a knowing and willful course of conduct
directed at a specific person that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose.
   (2) "Of a harassing nature" means information that a reasonable
person would consider as seriously alarming, seriously annoying,
seriously tormenting, or seriously terrorizing the person and that
serves no legitimate purpose.
  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.