BILL ANALYSIS Ó SB 255 Page 1 Date of Hearing: August 30, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 255 (Cannella) - As Amended: August 21, 2013 Policy Committee: Public SafetyVote:7-0 Urgency: Yes State Mandated Local Program: Yes Reimbursable: No SUMMARY As proposed to be amended, this bill creates a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000, when a person photographs another identifiable person's intimate body part(s), when the parties understand the image(s) would remain private, and one person distributes the image with intent to cause serious emotional distress, and the depicted person suffers serious emotional distress. FISCAL EFFECT Negligible non-reimbursable local incarceration costs, if any, offset by a minor amount of fine revenue. COMMENTS 1)Rationale. This bill is intended to create consequences for the engaging in "revenge-porn." According to the author, "'Cyber revenge' or 'revenge porn' refers to the posting of illicit pictures of another person without his or her consent, often as retaliation following a bitter breakup between partners. Current law is silent as to the illegality of this disturbing practice. "While the creation, possession, or distribution of sexually-charged images of a minor can be charged according to child pornography prohibitions, the same actions committed against victims over 18 years old do not constitute a crime under current statute. SB 255 Page 2 "Victims of this cruel act are often so humiliated that they pose a threat to harming themselves, as evidenced by numerous examples of cyber revenge victims who have taken their own lives. Cyber revenge and its ugly consequences should not be tolerated." 2)Current Law. a) Makes it a misdemeanor to use a device to secretly videotape or photograph a person under or through his or her clothing without consent and under circumstances in which that person has a reasonable expectation of privacy. b) Makes it a misdemeanor to secretly videotape or photograph a person in a state of undress, for the purpose of viewing that person's body or undergarments without consent while that person is in a bedroom, bathroom, changing room, fitting room, or the interior of any other area in which a person has a reasonable expectation of privacy. 3)Support. According to the California Partnership to End Domestic Violence, "'Cyber revenge' is an invasive and increasingly common crime, which often involves the online posting of private or intimate photos of another person without the person's consent. In many cases, the pictures are taken over the course of a relationship and while the victim may have consented to the original taking of the picture, he or she did not consent to the electronic distribution of the images. Typically, these photos are posted to social media sites to shame, embarrass, harass, and intimidate the victim. Existing law does nothing to specifically protect the victims of these crimes." 4)There is no known opposition . Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081 SB 255 Page 3