BILL NUMBER: SB 606 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
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 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,
ward may bring a civil action against the violator on behalf
of the child or ward for damages, as specified
remedies . 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 not exceeding one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
that fine and imprisonment.
(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
express consent of the 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 twenty thousand dollars ($20,000) and by
imprisonment in a county jail for not less than five days but not
exceeding one year. A third or subsequent conviction under this
section shall be punished by a fine not exceeding thirty thousand
dollars ($30,000) and by imprisonment in a county jail for not less
than 30 days but not exceeding one year.
(d) Upon a violation of this 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 .
The remedies in that civil action shall be limited to one
or more of the following: actual damages, all
compensation received in connection with the sale, license, or
dissemination of a recording of the child's image or voice,
punitive damages, reasonable attorney's fees, and
costs , disgorgement of any compensation from the
sale, license, or dissemination of a child's image or voice received
by the individual who, in violation of this section, recorded the
child's image or voice, and injunctive relief against further
violations of this section by the individual .
(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.