BILL NUMBER: AB 1775 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Melendez
FEBRUARY 18, 2014
An act to amend Section 11165.1 of the Penal Code, relating to
child abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 1775, as introduced, Melendez. Child Abuse and Neglect
Reporting Act: sexual abuse.
Existing law, the Child Abuse and Neglect Reporting Act, defines
sexual abuse as sexual assault or sexual exploitation for purposes of
mandating certain persons to report suspected cases of child abuse
or neglect. Under the act, sexual exploitation refers to, among other
things, a person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, a film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct, except as specified. Failure to report known or
suspected instances of child abuse, including sexual abuse, under the
act is a misdemeanor.
This bill would provide that sexual exploitation also includes a
person who knowingly downloads a film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct. Because the bill would expand the scope of a crime
and impose additional duties on local officials, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 11165.1 of the Penal Code is amended to read:
11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, Penetration,
however slight, of the vagina or anal opening of one
person by the penis of another person, whether or not there is the
emission of semen.
(2) Any sexual Sexual
contact between the genitals or anal opening of one person and the
mouth or tongue of another person.
(3) Any intrusion Intrusion by one
person into the genitals or anal opening of another person, including
the use of any an object for this
purpose, except that, it does not include acts performed for a valid
medical purpose.
(4) The intentional touching of the genitals or intimate parts
(including , including the breasts,
genital area, groin, inner thighs, and buttocks)
buttocks, or the clothing covering them, of a child, or of
the perpetrator by a child, for purposes of sexual arousal or
gratification, except that, that it
does not include acts which may reasonably be construed to be normal
caretaker responsibilities; interactions with, or demonstrations of
affection for, the child; or acts performed for a valid medical
purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any A person who knowingly
promotes, aids, or assists, employs, uses, persuades, induces, or
coerces a child, or any a person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any A person who depicts a child
in, or who knowingly develops, duplicates, prints, downloads,
or exchanges, any a film,
photograph, video tape, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.