BILL ANALYSIS Ó
SB 255
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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.
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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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