BILL NUMBER: SB 606	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator De León

                        FEBRUARY 22, 2013

   An act to amend Section 11414 of the Penal Code, relating to
harassment.



	LEGISLATIVE COUNSEL'S DIGEST


   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 law, 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 jail for not less than 10 days
but not exceeding one year for a first conviction. For a 2nd
conviction, the bill would require a fine not exceeding $10,000 and
imprisonment in a county jail for a period of not less than 30 days
but not exceeding one year. For a 3rd or subsequent conviction, the
bill would require a fine not exceeding $10,000 and imprisonment in a
county jail for a period of not less than 60 days but not exceeding
one year. The bill would specify that harassment may include 
alarming, annoying, tormenting, or terrorizing conduct that serves no
legitimate purpose and that occurs during the course of  any
actual or attempted recording of the child's  or ward's 
image or voice without the written consent of the child's  or
ward's  parent or legal guardian, by following the child's 
or ward's  activities or  by  lying in wait. The bill
would specify that  , upon  a violation of the above
provisions  would give rise to civil liability in an action
  , a parent or legal guardian of an aggrieved child or
ward, may bring a civil action against the violator on behalf of the
child or ward  for damages, as specified.  The bill would
additionally provide that the act of transmitting, publishing, or
broadcasting a recording of the image or voice of a child does not
constitute commission of the offense. 
   By increasing the punishment for a crime, 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 1.  Section 11414 of the Penal Code is amended to read:
   11414.  (a) Any person who intentionally harasses the child or
ward of any other person because of that person's employment shall be
punished by imprisonment in a county jail for not less than 10 days
but not exceeding one year.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Child" and "ward" mean a person under 16 years of age.
   (2) "Harasses" means knowing and willful conduct directed at a
specific child  or ward  that seriously alarms, annoys,
torments, or terrorizes the child  or ward  , and that
serves no legitimate purpose, including, but not limited to, 
that conduct occurring during the course of  any actual or
attempted recording of the child's  or ward's image or
voice, or both, without the written consent of the  child's
 parent or legal guardian  of the child or ward  ,
by following the child's  or ward's  activities or  by
 lying in wait. The conduct must be such as would cause a
reasonable child to suffer substantial emotional distress, and
actually cause the victim to suffer substantial emotional distress.
   (3) "Employment" means the job, vocation, occupation, or
profession of the parent or legal guardian of the child or ward.
   (c) A second conviction under this section shall be punished by a
fine not exceeding ten thousand dollars ($10,000) and by imprisonment
in a county jail for not less than 30 days but not exceeding one
year. A third or subsequent conviction under this section shall be
punished by a fine not exceeding ten thousand dollars ($10,000) and
by imprisonment in a county jail for not less than 60 days but not
exceeding one year.
   (d)  A   Upon   a  violation of
this  section shall also give rise to civil liability in an
action for damages in which the parent or legal guardian of the child
may seek   section, the parent or legal guardian of an
aggrieved child or ward, may bring a civil action against the
violator on behalf of the child or ward for  actual damages,
disgorgement of profits, punitive damages, reasonable attorney's
fees, and costs. 
   (e) The act of transmitting, publishing, or broadcasting a
recording of the image or voice of a child does not constitute a
violation of this section.  
   (f) This section does not preclude prosecution under any section
of law that provides for greater punishment. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.