BILL NUMBER: AB 1791 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2014
INTRODUCED BY Assembly Member Maienschein
( Coauthors: Assembly Members
Chávez, Gonzalez, Olsen, and
Patterson )
( Coauthor: Senator
Berryhill )
FEBRUARY 18, 2014
An act to amend Sections 236.1 and Section
647 of the Penal Code, relating to human trafficking.
disorderly conduct.
LEGISLATIVE COUNSEL'S DIGEST
AB 1791, as amended, Maienschein. Human trafficking.
Prostitution: minors.
Existing law makes it a crime to engage in specified forms of
disorderly conduct, including soliciting or agreeing to engage in, or
engaging in, any act of prostitution and makes that crime a
misdemeanor punishable by imprisonment in a county jail not exceeding
6 months, or by a fine not exceeding $1,000, or by both that fine
and imprisonment.
This bill would make that crime punishable by imprisonment in a
county jail not exceeding one year, or by a fine not exceeding
$2,000, or by both that fine and imprisonment, if the person who was
solicited by, or who agreed to engage in or engaged in any act of
prostitution with, the person who committed that crime was a minor at
the time of the offense.
By increasing the penalty for an existing crime, 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 no reimbursement is required by this
act for a specified reason.
Existing law makes it a crime to engage in specified forms of
disorderly conduct, including soliciting or agreeing to engage in or
engaging in any act of prostitution. Those crimes are punishable as
misdemeanors.
Existing law, the Sex Offender Registration Act, requires persons
who are convicted of specified sex offenses to register with local
authorities while residing, located, attending school, or working in
this state. The willful failure to register, as required, is a
misdemeanor or a felony, depending upon the underlying offense. These
provisions do not apply to defendants who are convicted of the
provisions of disorderly conduct relating to prostitution.
Existing law provides that a person who causes, induces, or
persuades, or attempts to cause, induce, or persuade, a person who is
a minor at the time of commission of the offense to engage in a
commercial sex act, with the intent to effect or maintain a violation
of specified crimes, including specified sex offenses and extortion,
is guilty of human trafficking and subject to punishment by
imprisonment in the state prison for 5, 8, or 12 years and a fine of
not more than $500,000, or, if the crime involved force, fear, fraud,
or specified coercive acts, 15 years to life and a fine of not more
than $500,000. A person who is convicted of one of these offenses is
required to register as a sex offender pursuant to the Sex Offender
Registration Act.
This bill would expand the scope of that crime, and the Sex
Offender Registration Act, to apply to a person who recruits,
harbors, transports, provides, sells, purchases, or obtains, or
attempts to recruit, harbor, transport, provide, sell, purchase, or
obtain, a person who is a minor at the time of commission of the
offense to engage in a commercial sex act, with the intent to effect
or maintain a violation of one of the list of offenses specified
under existing law. In addition, the bill would expand that list of
offenses to include additional crimes relating to procuring
prostitution, including the forms of disorderly conduct relating to
prostitution that are currently punishable as misdemeanor offenses,
thereby making those offenses punishable as felonies. Because the
bill would impose additional costs on local law enforcement entities,
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 no reimbursement is required by this
act for a specified reason.
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 647 of the Penal
Code is amended to read:
647. Except as provided in subdivision (l) or (m) ,
every person who commits any of the following acts is guilty of
disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who photographs or records by any means the
image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, and the person subsequently
distributes the image taken, with the intent to cause serious
emotional distress, and the depicted person suffers serious emotional
distress.
(B) As used in this paragraph, intimate body part means any
portion of the genitals, and in the case of a female, also includes
any portion of the breasts below the top of the areola, that is
either uncovered or visible through less than fully opaque clothing.
(C) Nothing in this subdivision precludes punishment under any
section of law providing for greater punishment.
(k) (1) In any accusatory pleading charging
a violation of subdivision (b), if the defendant has been once
previously convicted of a violation of that subdivision, the previous
conviction shall be charged in the accusatory pleading. If the
previous conviction is found to be true by the jury, upon a jury
trial, or by the court, upon a court trial, or is admitted by the
defendant, the defendant shall be imprisoned in a county jail for a
period of not less than 45 days and shall not be eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 45 days in a county jail. In all
cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for at
least 45 days. In no event does the court have the power to absolve
a person who violates this subdivision from the obligation of
spending at least 45 days in confinement in a county jail.
In
(2) In any accusatory pleading
charging a violation of subdivision (b), if the defendant has been
previously convicted two or more times of a violation of that
subdivision, each of these previous convictions shall be charged in
the accusatory pleading. If two or more of these previous convictions
are found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant, the
defendant shall be imprisoned in a county jail for a period of not
less than 90 days and shall not be eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 90 days in a county jail. In all cases in
which probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at least 90
days. In no event does the court have the power to absolve a person
who violates this subdivision from the obligation of spending at
least 90 days in confinement in a county jail.
In
(3) In addition to any punishment
prescribed by this section, a court may suspend, for not more than
30 days, the privilege of the person to operate a motor vehicle
pursuant to Section 13201.5 of the Vehicle Code for any violation of
subdivision (b) that was committed within 1,000 feet of a private
residence and with the use of a vehicle. In lieu of the suspension,
the court may order a person's privilege to operate a motor vehicle
restricted, for not more than six months, to necessary travel to and
from the person's place of employment or education. If driving a
motor vehicle is necessary to perform the duties of the person's
employment, the court may also allow the person to drive in that
person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) If a person violates subdivision (b) and the person who was
solicited by, or who agreed to engage in or engaged in any act of
prostitution with, that person was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both that fine and imprisonment.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SECTION 1. Section 236.1 of the Penal Code is
amended to read:
236.1. (a) Any person who deprives or violates the personal
liberty of another with the intent to obtain forced labor or
services, is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and a fine of
not more than five hundred thousand dollars ($500,000).
(b) Any person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
or 518 is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
(c) Any person who recruits, harbors, transports, provides, sells,
purchases, obtains, causes, induces, or persuades, or attempts to
recruit, harbor, transport, provide, sell, purchase, obtain, cause,
induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of Section 266, 266e, 266h,
266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 518, or
subdivision (b) of Section 647, is guilty of human trafficking. A
violation of this subdivision is punishable by imprisonment in the
state prison as follows:
(1) Five, 8, or 12 years and a fine of not more than five hundred
thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred
thousand dollars ($500,000) when the offense involves force, fear,
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.
(d) In determining whether a minor was recruited, harbored,
transported, provided, sold, purchased, obtained, caused, induced, or
persuaded to engage in a commercial sex act, the totality of the
circumstances, including the age of the victim, his or her
relationship to the trafficker or agents of the trafficker, and any
handicap or disability of the victim, shall be considered.
(e) Consent by a victim of human trafficking who is a minor at the
time of the commission of the offense is not a defense to a criminal
prosecution under this section.
(f) Mistake of fact as to the age of a victim of human trafficking
who is a minor at the time of the commission of the offense is not a
defense to a criminal prosecution under this section.
(g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(9) of Title 22 of the
United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) "Coercion" includes any scheme, plan, or pattern intended to
cause a person to believe that failure to perform an act would result
in serious harm to or physical restraint against any person; the
abuse or threatened abuse of the legal process; debt bondage; or
providing and facilitating the possession of any controlled substance
to a person with the intent to impair the person's judgment.
(2) "Commercial sex act" means sexual conduct on account of which
anything of value is given or received by any person.
(3) "Deprivation or violation of the personal liberty of another"
includes substantial and sustained restriction of another's liberty
accomplished through force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim or to
another person, under circumstances where the person receiving or
apprehending the threat reasonably believes that it is likely that
the person making the threat would carry it out.
(4) "Duress" includes a direct or implied threat of force,
violence, danger, hardship, or retribution sufficient to cause a
reasonable person to acquiesce in or perform an act which he or she
would otherwise not have submitted to or performed; a direct or
implied threat to destroy, conceal, remove, confiscate, or possess
any actual or purported passport or immigration document of the
victim; or knowingly destroying, concealing, removing, confiscating,
or possessing any actual or purported passport or immigration
document of the victim.
(5) "Forced labor or services" means labor or services that are
performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct that
would reasonably overbear the will of the person.
(6) "Great bodily injury" means a significant or substantial
physical injury.
(7) "Minor" means a person less than 18 years of age.
(8) "Serious harm" includes any harm, whether physical or
nonphysical, including psychological, financial, or reputational
harm, that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the same background
and in the same circumstances to perform or to continue performing
labor, services, or commercial sexual acts in order to avoid
incurring that harm.
(i) The total circumstances, including the age of the victim, the
relationship between the victim and the trafficker or agents of the
trafficker, and any handicap or disability of the victim, shall be
factors to consider in determining the presence of "deprivation or
violation of the personal liberty of another," "duress," and
"coercion" as described in this section.
SEC. 2. Section 647 of the Penal Code is
amended to read:
647. Except as provided in Section 236.1 and in subdivision (l),
every person who commits any of the following acts is guilty of
disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who photographs or records by any means the
image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, and the person subsequently
distributes the image taken, with the intent to cause serious
emotional distress, and the depicted person suffers serious emotional
distress.
(B) As used in this paragraph, intimate body part means any
portion of the genitals, and in the case of a female, also includes
any portion of the breasts below the top of the areola, that is
either uncovered or visible through less than fully opaque clothing.
(C) Nothing in this subdivision precludes punishment under any
section of law providing for greater punishment.
(k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis
until he or she has served a period of not less than 45 days in a
county jail. In all cases in which probation is granted, the court
shall require as a condition thereof that the person be confined in a
county jail for at least 45 days. In no event does the court have
the power to absolve a person who violates this subdivision from the
obligation of spending at least 45 days in confinement in a county
jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.