Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1775


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 amended, 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, videotape, 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, videotape,begin insert video recording,end insert 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:

P2    1

SECTION 1.  

Section 11165.1 of the Penal Code is amended
2to read:

3

11165.1.  

As used in this article, “sexual abuse” means sexual
4assault or sexual exploitation as defined by the following:

5(a) “Sexual assault” means conduct in violation of one or more
6of the following sections: Section 261 (rape), subdivision (d) of
7Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest),
8286 (sodomy), subdivision (a) or (b), or paragraph (1) of
9subdivision (c) of Section 288 (lewd or lascivious acts upon a
10child), 288a (oral copulation), 289 (sexual penetration), or 647.6
11(child molestation).

12(b) Conduct described as “sexual assault” includes, but is not
13limited to, all of the following:

14(1) Penetration, however slight, of the vagina or anal opening
15of one person by the penis of another person, whether or not there
16is the emission of semen.

17(2) Sexual contact between the genitals or anal opening of one
18person and the mouth or tongue of another person.

19(3) Intrusion by one person into the genitals or anal opening of
20another person, including the use of an object for this purpose,
21except that, it does not include acts performed for a valid medical
22purpose.

23(4) The intentional touching of the genitals or intimatebegin delete parts,end delete
24begin insert parts,end insert including the breasts, genital area, groin, inner thighs, and
25buttocks, or the clothing covering them, of a child, or of the
26perpetrator by a child, for purposes of sexual arousal or
27gratification, except that it does not include acts which may
28reasonably be construed to be normal caretaker responsibilities;
P3    1interactions with, or demonstrations of affection for, the child; or
2acts performed for a valid medical purpose.

3(5) The intentional masturbation of the perpetrator’s genitals in
4the presence of a child.

5(c) “Sexual exploitation” refers to any of the following:

6(1) Conduct involving matter depicting a minor engaged in
7obscene acts in violation of Section 311.2 (preparing, selling, or
8distributing obscene matter) or subdivision (a) of Section 311.4
9(employment of minor to perform obscene acts).

10(2) A person who knowingly promotes, aids, or assists, employs,
11uses, persuades, induces, or coerces a child, or a person responsible
12for a child’s welfare, who knowingly permits or encourages a child
13to engage in, or assist others to engage in, prostitution or a live
14performance involving obscene sexual conduct, or to either pose
15or model alone or with others for purposes of preparing a film,
16photograph, negative, slide, drawing, painting, or other pictorial
17depiction, involving obscene sexual conduct. For the purpose of
18this section, “person responsible for a child’s welfare” means a
19parent, guardian, foster parent, or a licensed administrator or
20employee of a public or private residential home, residential school,
21or other residential institution.

22(3) A person who depicts a child in, or who knowingly develops,
23duplicates, prints, downloads, or exchanges, a film, photograph,
24videotape,begin insert video recording,end insert negative, or slide in which a child is
25engaged in an act of obscene sexual conduct, except for those
26activities by law enforcement and prosecution agencies and other
27persons described in subdivisions (c) and (e) of Section 311.3.

28

SEC. 2.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution for certain
30costs that may be incurred by a local agency or school district
31because, in that regard, this act creates a new crime or infraction,
32eliminates a crime or infraction, or changes the penalty for a crime
33or infraction, within the meaning of Section 17556 of the
34Government Code, or changes the definition of a crime within the
35meaning of Section 6 of Article XIII B of the California
36Constitution.

37However, if the Commission on State Mandates determines that
38this act contains other costs mandated by the state, reimbursement
39to local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.


CORRECTIONS:

Text--Page 2.




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Corrected 3-21-14—See last page.     98