SB 606, as amended, De León. Harassment: child or ward.
Under existing law, any person who intentionally harasses the child or ward of any other person because of that person’s employment is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or both. Under existing lawbegin insert,end insert that crime is punishable by mandatory imprisonment in a county jail for not less than 5 days for a 2nd conviction, and by mandatory imprisonment in a county jail for not less than 30 days for a 3rd or subsequent conviction.
This bill would make a violation of the above provisions punishable by imprisonment in a county jailbegin insert for not less than 10 days butend insert
not exceeding one yearbegin delete or by imprisonment in a
county jail for 16 months, or 2 or 3 yearsend delete for a first conviction. For a 2nd conviction, the bill would require a fine not exceeding $10,000 andbegin delete eitherend delete imprisonment inbegin insert aend insert county jail for a period of not less thanbegin delete 5end deletebegin insert 30end insert days but not exceeding one yearbegin delete or by imprisonment in a county jail for 16 months, or 2 or 3 yearsend delete. For a 3rd or subsequent conviction, the bill would require a fine not exceeding $10,000 andbegin delete eitherend delete imprisonment inbegin insert
aend insert county jail for a period of not less thanbegin delete 30end deletebegin insert 60end insert days but not exceeding one yearbegin delete or by imprisonment in a county jail for 16 months, or 2 or 3 yearsend delete. The bill would specify that harassment may include any actual or attempted recording of the child’s image or voice without the written consent of the child’s parent or legal guardian, by following the child’s activities or lying in wait. The bill would specify that a violation of the above provisions would give rise to civil liability in an action for damages, as specified.
By increasing the punishment for a crimebegin delete and imposing new duties on local prosecutorsend delete,
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:
Section 11414 of the Penal Code is amended to
2read:
(a) Any person who intentionally harasses the child or
4ward of any other person because of that person’s employment
5shall be punished by imprisonment in a county jailbegin insert for not less
6than 10 days butend insert not exceeding one yearbegin delete or by imprisonment .
7pursuant to subdivision (h) of Section 1170end delete
8(b) For purposes of this section, the following definitions shall
9apply:
10(1) “Child” and “ward” mean a person under 16 years of age.
11(2) “Harasses” means knowing and willful conduct directed at
12a specific child that seriously alarms, annoys, torments, or terrorizes
13the child, and that serves no legitimate purpose, including, but not
14limited to, any actual or attempted recording of the child’s image
15or voice, or both, without the written consent of the child’s parent
16or legal guardian, by following the child’s activities or lying in
17wait. The conduct must be such as would cause a reasonable child
18to suffer substantial emotional distress, and actually cause the
19victim to suffer substantial emotional distress.
20(3) “Employment” means the job, vocation, occupation, or
21profession of the parent or legal guardian of the child or ward.
P3 1(c) A second conviction
under this section shall be punished by
2a fine not exceeding ten thousand dollars ($10,000) and bybegin delete eitherend delete
3 imprisonment in a county jail for not less thanbegin delete fiveend deletebegin insert 30end insert days but not
4exceeding one yearbegin delete or by imprisonment pursuant to subdivision . A third or subsequent conviction under this
5(h) of Section 1170end delete
6section shall be punished by a fine not exceeding ten thousand
7dollars ($10,000) and bybegin delete eitherend delete
imprisonment in a county jail for
8not less thanbegin delete 30end deletebegin insert 60end insert days but not exceeding one yearbegin delete or by .
9imprisonment pursuant to subdivision (h) of Section 1170end delete
10(d) A violation of this section shall also give rise to civil liability
11in an action for damages in which the parent or legal guardian of
12the child may seek actual damages, disgorgement of profits,
13punitive damages, reasonable attorney’s fees, and costs.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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