BILL ANALYSIS Ó
AB 20
Page 1
Date of Hearing: March 12, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 20 (Waldron) - As Amended: February 25, 2013
REVISED
SUMMARY : Creates an additional fine of up to two thousand
dollars ($2,000) to be imposed upon conviction of every offender
who commits specified child pornography offenses when the
offense was committed via government-owned property.
Specifically, this bill :
1)Provides that every person who is convicted of a violation of
specified offenses involving child pornography wherein the
violation is committed on, or via, a government-owned computer
or via a government-owned computer network, or in which the
production, transportation, or distribution of which involves
the use, possession, or control of government-owned property
shall, in addition to any imprisonment of fine imposed for the
commission of the underlying offense, be punished by a fine
not exceeding $2,000, unless the court determines that the
defendant does not have the ability to pay.
2)States that revenue from any fines collected would be
transferred for deposit into a county fund established for
that purpose and allocated for sexual assault investigator
training, high technology crime task forces, public agencies
and nonprofit corporations that provide shelter, counseling,
or other direct services for victims of human trafficking, and
multidisciplinary teams involved in the prosecution of child
abuse cases, as specified.
EXISTING LAW :
1)Defines "obscene matter" as matter, which taken as a whole,
that to the average person applying contemporary statewide
standards, appeals to the prurient interest depicts or
describes sexual conduct in a patently offensive way, and
AB 20
Page 2
that, taken as a whole, lacks serious literary, artistic,
political, or scientific value. [Penal Code Section 311(a).]
2)Defines "matter" as any book, magazine, newspaper, or other
printed or written material, or any picture, drawing,
photograph, motion picture, or other pictorial representation,
or any statue or other figure, or any recording,
transcription, or mechanical, chemical, or electrical
reproduction, or any other article, equipment, machine, or
material. "Matter" also means live or recorded telephone
messages if transmitted, disseminated, or distributed as part
of a commercial transaction. [Penal Code Section 311(b).]
3)Provides that sending, bringing into the state for sale,
distribution, possession, preparation, publication,
production, development, or duplication of an obscene matter
involving sexual conduct by a minor under the age of 18 years
is punishable by either a misdemeanor involving one year in
the county jail, or a felony of up to three years in state
prison. Additionally, those convicted are subject to a fine
of up to ten thousand dollars ($10,000). (Penal Code Section
311.1.)
4)Provides that persons who exploit children by duplicating,
developing, printing, or exchanging data related to sexual
conduct by a minor under the age of 18 may be punished by a
misdemeanor or a felony of up to three years in prison and a
fine of up to ten thousand dollars ($10,000). (Penal Code
Section 311.3).
5)Provides that any person who advertises for sale or
distribution an obscene matter depicting a minor under the age
of 18 years engaging in or simulating sexual conduct is guilty
of a felony carrying a punishment of up to four years in state
prison and a fine of up to fifty thousand dollars ($50,000).
(Penal Code Section 311.10.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 20 imposes a
fine of up to $2,000 on property and online networks owned or
operated by state government. This measure would protect
AB 20
Page 3
taxpayer funded property and also protect our children from
harm and sexually explicit materials. Revenue from these fines
will benefit sexual assault investigator training, human
trafficking response task forces, multidisciplinary
child-focused facilities, and groups that provide shelter,
counseling, or other direct services for victims of human
trafficking."
2)Child Pornography : This bill seeks to punish certain child
pornography offenses which are committed by means of
government property with an additional fine of up to two
thousand dollars. Current California law distinguishes
between several forms of child pornography. The law punishes
both sale and distribution of obscene matters depicting
minors. Distribution involves a simple transfer in
possession, and does not require payment. Exploitation of a
child involves the knowing duplication, production, or
printing of a matter involving a minor involved in any form of
sexual conduct. Persons found guilty of advertisement of
obscene matters involving minors may be guilty if the minors
are engaged in sexual conduct or if they are engaged in
simulated sexual conduct. This bill would require persons who
engage in the following criminal acts related to child
pornography with an additional fine of up to $2,000:
a) Sale or distribution of obscene matter depicting a
person under age of 18 years engaging in sexual conduct.
b) Production, distribution, or exhibition of obscene
matters involving or depicting a person under the age of 18
years.
c) Sexual exploitation of a child.
d) Advertisement of obscene matters involving minors.
e) Possession or control of child pornography.
3)Distribution of Funds Collected : This bill will collect a
fine that will not go to the general fund, as the vast
majority of criminal fines do. Instead the additional fines
collected under the provisions of this bill will be
distributed as follows.
a) Twenty-five percent for sexual assault investigator
AB 20
Page 4
training.
b) Twenty-five percent for high technology crime task
forces.
c) Twenty-five percent for public agencies and nonprofit
corporations that provide shelter, counseling, or other
direct services for victims of human trafficking.
d) Twenty-five percent for multidisciplinary teams.
"Multidisciplinary teams" means a child-focused,
facility-based program in which representatives from many
disciplines, including law enforcement, child protection,
prosecution, medical and mental health, and victim and
child advocacy work together to conduct interviews and make
team decisions about the investigation, treatment,
management, and prosecution of child abuse cases, including
child sexual abuse cases.
4)Argument in Support : According to Concerned Women for
America , "This bill includes an additional fine for not only
committing the crime on or via taxpayer-funded computer or
network (such as viewing child pornography on a library
computer), but also exacts a fine for using such computers to
actually produce, use, control, distribute or advertise
obscene material depicting children.
"Society must protect innocent children from harm.
Pornography generally objectifies those it portrays and has
become increasingly violent and degrading. It has tremendous
potential for addiction and wreaks havoc in marriages and
relationships. Obscene matter depicting children is
particularly offensive and deeply damaging to its victims.
Every image involves the abuse of a child, and that child is
victimized again and again as the image is viewed and
distributed in crime after crime. Further, this underground
market creates demand for child sex trafficking, among the
most heinous of crimes.
"Importantly, the fines levied by AB 20 will be used to help
child pornography's victims. The finds will be distributed
equally to task forces involving high-technology crimes,
shelters and counseling services for sex trafficking victims,
sexual assault investigator training and multidisciplinary
teams to investigate, manage and prosecute child abuse cases."
AB 20
Page 5
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association
California Probation, Parole, and Correctional Association
Concerned Women for America
League of California Cities
Peace Officers Research Council of California
San Bernardino Sheriff's Office
156 private individuals
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744