BILL NUMBER: AB 1775 CHAPTERED
BILL TEXT
CHAPTER 264
FILED WITH SECRETARY OF STATE AUGUST 22, 2014
APPROVED BY GOVERNOR AUGUST 22, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN SENATE MAY 13, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
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, 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, streams, or accesses through any
electronic or digital media, 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.
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) 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) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of 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 the breasts, genital area, groin, inner thighs, and
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 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) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or 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) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, 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.