BILL ANALYSIS Ó
SB 255
Page 1
SENATE THIRD READING
SB 255 (Cannella)
As Amended September 3, 2013
2/3 vote. Urgency
SENATE VOTE :37-1
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
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SUMMARY : Creates a new misdemeanor for the distribution of an
image of an identifiable person's intimate body parts which had
been taken with an understanding that the image would remain
private, commonly referred to as "revenge porn". Specifically,
this bill :
1)Provides that any person who photographs or records by any
means the image of another identifiable person's intimate body
parts under circumstances where the parties agree or
understand that the image shall remain private, and
subsequently distributes that image with the intent to cause
serious emotional distress, and where the person depicted does
suffer serious emotional distress, is guilty of a misdemeanor.
2)Defines "intimate body parts" as "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."
3)Specifies that nothing in this subdivision will preclude
punishment under any other section of law providing for
greater punishment.
4)Contains an urgency clause.
EXISTING LAW :
SB 255
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1)Makes it a misdemeanor for 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.
2)Makes it a misdemeanor for any person to use a device to
secretly videotape or record by electronic means another
identifiable person under or through his or her clothing, for
the purpose of viewing that person's body or undergarments
without consent and under circumstances in which that person
has a reasonable expectation of privacy, if the perpetrator
commits the act with a prurient intent.
3)Makes it a misdemeanor for any person who uses a concealed
instrumentality to secretly videotape or record another person
who is in a state of full or partial 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, 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 individual.
4)Punishes a second or subsequent commission of the
aforementioned invasions of privacy with the naked eye or with
the use of an instrumentality by one up to one year in jail, a
fine of up to $2,000, or both. However, if the victim was a
minor at the time of commission, then the crime is punishable
by one up to one year in jail, a fine of up to $2,000, or
both, regardless of whether it was a second or subsequent
offense.
5)Provides that every person who, with intent to annoy,
telephones or makes contact by means of an electronic
communication device with another and addresses to or about
the other person any obscene language, or addresses to the
other person any threat to inflict injury to the person or
property of the person addressed or any member of his or her
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family is guilty of a misdemeanor. The statute does not apply
to communication made in good faith.
6)Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct, with the intent to
distribute, exhibit, or exchange such material, is guilty of
either a misdemeanor punishable by imprisonment in the county
jail for up to one year, by a fine not to exceed $1,000, or
both, or guilty of a felony punishable by imprisonment in the
state prison, and/or a fine not to exceed $10,000.
7)Specifies that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of 18 years
engaging in or simulating sexual conduct for commercial
purposes is guilty of a felony, punishable by imprisonment in
the state prison for two, three, or six years and a fine up to
$100,000.
8)Provides that any person who hires or uses a minor to assist
in the preparation or distribution of obscene matter is guilty
of a misdemeanor, unless the person has a prior conviction, in
which case the crime is a felony.
9)Provides that any person who hires or uses a minor to assist
in the possession, preparation or distribution of obscene
matter for commercial purposes is guilty of a felony,
punishable by imprisonment in the state prison for three, six,
or eight years.
10)Makes it a misdemeanor for a person to advertise or promote
the sale, distribution, or exhibition of matter represented or
held out by him or her to be obscene.
11)Defines "obscene matter" as "matter, taken as a whole, that
to the average person, applying contemporary statewide
standards, appeals to the prurient interest, that, taken as a
whole, depicts or describes sexual conduct in a patently
offensive way, and that, taken as a whole, lacks serious
literary, artistic, political, or scientific value."
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, negligible non-reimbursable local incarceration
costs, if any, offset by a minor amount of fine revenue.
COMMENTS : 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.
"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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0002186