California Legislature—2013–14 Regular Session

Assembly BillNo. 2122


Introduced by Assembly Member Bocanegra

February 20, 2014


An act to amend Section 653w of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2122, as introduced, Bocanegra. Crimes: audiovisual work: recordings.

Existing law makes it a crime for a person who knowingly advertises or offers for sale or resale, or sells or resells, or causes the rental, sale, or resale of, or rents, or manufacturers, or possesses for these purposes, any recording or audiovisual work, the outside cover, box, jacket, or label of which does not clearly and conspicuously disclose the actual true name and address of the manufacturer of the recording or audiovisual work and the name of the actual author, artist, performer, producer, programmer, or group, as specified. If the offense involves at least 100 articles of audio recordings or 100 articles of audiovisual works, existing law makes the offense punishable as a misdemeanor or a felony.

This bill would make the above provisions applicable to the commercial equivalent of 100 articles of audio recordings or 100 articles of audiovisual works. By expanding the definition of a crime, this 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:

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SECTION 1.  

Section 653w of the Penal Code is amended to
2read:

3

653w.  

(a) (1) A person is guilty of failure to disclose the origin
4of a recording or audiovisual work if, for commercial advantage
5or private financial gain, he or she knowingly advertises or offers
6for sale or resale, or sells or resells, or causes the rental, sale, or
7resale of, or rents, or manufactures, or possesses for these purposes,
8any recording or audiovisual work, the outside cover, box, jacket,
9or label of which does not clearly and conspicuously disclose the
10actual true name and address of the manufacturer thereof and the
11name of the actual author, artist, performer, producer, programmer,
12or group thereon. This section does not require the original
13manufacturer or authorized licensees of software producers to
14disclose the contributing authors or programmers.

15(2) As used in this section, “recording” means any tangible
16medium upon which information or sounds are recorded or
17otherwise stored, including, but not limited to, any phonograph
18record, disc, tape, audio cassette, wire, film, memory card, flash
19drive, hard drive, data storage device, or other medium on which
20information or sounds are recorded or otherwise stored, but does
21not include sounds accompanying a motion picture or other
22audiovisual work.

23(3) As used in this section, “audiovisual works” are the physical
24embodiment of works that consist of related images that are
25intrinsically intended to be shown using machines or devices, such
26as projectors, viewers, or electronic equipment, together with
27accompanying sounds, if any, regardless of the nature of the
28material objects, such as films, tapes, discs, memory cards, flash
29drives, hard drives, data storage devices, or other devices, on which
30the works are embodied.

31(b) begin deleteAny end deletebegin insertA end insertperson who has been convicted of a violation of
32subdivision (a) shall be punished as follows:

33(1) If the offense involves the advertisement, offer for sale or
34resale, sale, rental, manufacture, or possession for these purposes,
35of at least 100 articles of audio recordings or 100 articles of
P3    1audiovisual works described in subdivision (a),begin insert or the commercial
2equivalent thereof,end insert
the person shall be punished by imprisonment
3in a county jail not to exceed one year, or by imprisonment
4pursuant to subdivision (h) of Section 1170 for two, three, or five
5 years, or by a fine not to exceed five hundred thousand dollars
6($500,000), or by both that fine and imprisonment.

7(2) Any other violation of subdivision (a) not described in
8paragraph (1), shall, upon a first offense, be punished by
9imprisonment in a county jail not to exceed one year, or by a fine
10not to exceed fifty thousand dollars ($50,000), or by both that fine
11and imprisonment.

12(3) A second or subsequent conviction under subdivision (a)
13not described in paragraph (1), shall be punished by imprisonment
14in a county jail not to exceed one year or pursuant to subdivision
15(h) of Section 1170, or by a fine not to exceed two hundred
16thousand dollars ($200,000), or by both that fine and imprisonment.

17

SEC. 2.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.



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