Amended in Assembly August 5, 2013

Amended in Assembly June 20, 2013

Amended in Senate May 7, 2013

Amended in Senate April 9, 2013

Senate BillNo. 606


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 jailbegin delete for not less than 10 days butend delete not exceeding one yearbegin insert, or by a fine not exceeding $10,000, or by both that fine and imprisonmentend insert for a first conviction. For a 2nd conviction, the bill would require a fine not exceedingbegin delete $10,000end deletebegin insert $20,000end insert and imprisonment in a county jail for a period of not less thanbegin delete 30end deletebegin insert 5end insert days but not exceeding one year. For a 3rd or subsequent conviction, the bill would require a fine not exceedingbegin delete $10,000end deletebegin insert $30,000end insert and imprisonment in a county jail for a period of not less thanbegin delete 60end deletebegin insert 30end insert days but not exceeding one year. The bill would specify that harassmentbegin delete may include alarming, annoying, tormenting, or terrorizing conductend deletebegin insert means knowing and willful conduct directed at a specific child or ward that seriously alarms, annoys, torments, or terrorizes the child or ward, andend insert that serves no legitimate purposebegin delete and that occursend deletebegin insert, including, but not limited to, that conduct occurringend insert 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, 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:

P2    1

SECTION 1.  

Section 11414 of the Penal Code is amended to
2read:

3

11414.  

(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 delete for not less
6than 10 days butend delete
not exceeding one yearbegin insert, or by a fine not exceeding
7ten thousand dollars ($10,000), or by both that fine and
8imprisonmentend insert
.

9(b) For purposes of this section, the following definitions shall
10apply:

11(1) “Child” and “ward” mean a person under 16 years of age.

P3    1(2) “Harasses” means knowing and willful conduct directed at
2a specific child or ward that seriously alarms, annoys, torments,
3or terrorizes the child or ward, and that serves no legitimate
4purpose, including, but not limited to, that conduct occurring during
5the course of any actual or attempted recording of the child’s or
6ward’s image or voice, or both, without the written consent of the
7parent or legal guardian of the child or ward, by following the
8child’s or ward’s activities or by lying in wait. The conduct must
9be such as would cause a reasonable child to suffer substantial
10emotional distress, and actually cause the victim to suffer
11substantial emotional distress.

12(3) “Employment” means the job, vocation, occupation, or
13profession of the parent or legal guardian of the child or ward.

14(c) A second conviction under this section shall be punished by
15a fine not exceedingbegin delete ten thousand dollars ($10,000)end deletebegin insert twenty
16thousand dollars ($20,000)end insert
and by imprisonment in a county jail
17for not less thanbegin delete 30end deletebegin insert fiveend insert days but not exceeding one year. A third
18or subsequent conviction under this section shall be punished by
19a fine not exceedingbegin delete ten thousand dollars ($10,000)end deletebegin insert thirty thousand
20dollars ($30,000)end insert
and by imprisonment in a county jail for not less
21thanbegin delete 60end deletebegin insert 30end insert days but not exceeding one year.

22(d) Upon a violation of this section, the parent or legal guardian
23of an aggrieved child or ward, may bring a civil action against the
24violator on behalf of the child or ward for actual damages,
25disgorgement of profits, punitive damages, reasonable attorney’s
26fees, and costs.

27(e) The act of transmitting, publishing, or broadcasting a
28recording of the image or voice of a child does not constitute a
29violation of this section.

30(f) This section does not preclude prosecution under any section
31of law that provides for greater punishment.

32

SEC. 2.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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