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 knowinglybegin delete downloadsend deletebegin insert
downloads, streams, or accesses through any electronic or digital media,end insert a film, photograph, videotape, video recording, 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 11165.1 of the Penal Code is amended
2to read:
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 intimate parts,
24including the breasts, genital area, groin, inner thighs, and buttocks,
25or the clothing covering them, of a child,
or of the perpetrator by
26a child, for purposes of sexual arousal or gratification, except that
P3 1it does not include acts which may reasonably be construed to be
2normal caretaker responsibilities; interactions with, or
3demonstrations of affection for, the child; or acts performed for a
4valid medical purpose.
5(5) The intentional masturbation of the perpetrator’s genitals in
6the presence of a child.
7(c) “Sexual exploitation” refers to any of the following:
8(1) Conduct involving matter depicting a minor engaged in
9obscene acts in violation of Section 311.2 (preparing, selling, or
10distributing obscene matter) or subdivision (a) of Section 311.4
11(employment of minor to perform obscene acts).
12(2) A person who knowingly promotes, aids, or assists, employs,
13uses, persuades, induces, or coerces a child, or a person responsible
14for a child’s welfare, who knowingly permits or encourages a child
15to engage in, or assist others to engage in, prostitution or a live
16performance involving obscene sexual conduct, or to either pose
17or model alone or with others for purposes of preparing a film,
18photograph, negative, slide, drawing, painting, or other pictorial
19depiction, involving obscene sexual conduct. For the purpose of
20this section, “person responsible for a child’s welfare” means a
21parent, guardian, foster parent, or a licensed administrator or
22employee of a public or private residential home, residential school,
23or other residential institution.
24(3) A person who depicts a
child in, or who knowingly develops,
25duplicates, prints, downloads,begin insert streams, accesses through any
26electronic or digital media,end insert or exchanges, a film, photograph,
27videotape, video recording, negative, or slide in which a child is
28engaged in an act of obscene sexual conduct, except for those
29activities by law enforcement and prosecution agencies and other
30persons described in subdivisions (c) and (e) of Section 311.3.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.
P4 1However, if the Commission on State Mandates determines that
2this act contains other costs
mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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