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 not exceeding one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment for a first conviction. For a 2nd conviction, the bill would require a fine not exceeding $20,000 and imprisonment in a county jail for a period of not less than 5 days but not exceeding one year. For a 3rd or subsequent conviction, the bill would require a fine not exceeding $30,000 and imprisonment in a county jail for a period of not less than 30 days but not exceeding one year. The bill would specify that harassment 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 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:
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 jail not exceeding
6one year, or by a fine not exceeding ten thousand dollars ($10,000),
7or by both that fine and imprisonment.
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 or ward that seriously
alarms, annoys, torments,
P3 1or terrorizes the child or ward, and that serves no legitimate
2purpose, including, but not limited to, that conduct occurring during
3the course of any actual or attempted recording of the child’s or
4ward’s image or voice, or both, without the written consent of the
5parent or legal guardian of the child or ward, by following the
6child’s or ward’s activities or by lying in wait. The conduct must
7be such as would cause a reasonable child to suffer substantial
8emotional distress, and actually cause the victim to suffer
9substantial emotional distress.
10(3) “Employment” means the job, vocation, occupation, or
11profession of the parent or legal guardian of the child or ward.
12(c) A second conviction under this section shall be punished by
13a fine not exceeding twenty thousand
dollars ($20,000) and by
14imprisonment in a county jail for not less than five days but not
15exceeding one year. A third or subsequent conviction under this
16section shall be punished by a fine not exceeding thirty thousand
17dollars ($30,000) and by imprisonment in a county jail for not less
18than 30 days but not exceeding one year.
19(d) Upon a violation of this section, the parent or legal guardian
20of an aggrieved child or wardbegin delete,end delete may bring a civil action against the
21violator on behalf of the child or ward for actual damages,
22begin delete disgorgement of profits,end deletebegin insert all compensation received in connection
23with the sale, license, or
dissemination of a recording of the child’s
24image or voice,end insert punitive damages, reasonable attorney’s fees, and
25costs.
26(e) The act of transmitting, publishing, or broadcasting a
27recording of the image or voice of a child does not constitute a
28violation of this section.
29(f) This section does not preclude prosecution under any section
30of law that provides for greater punishment.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the 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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