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
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            "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
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