BILL ANALYSIS Ó
SB 1255
Page 1
SENATE THIRD READING
SB 1255 (Canella)
As Amended June 26, 2014
Majority vote
SENATE VOTE :34-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
-----------------------------------------------------------------
SUMMARY : Expands the elements of the misdemeanor offense which
prohibits the unlawful distribution of a consensually-taken
image of an identifiable person's intimate body parts.
Specifically, this bill :
1)Makes it a misdemeanor to intentionally and without consent
distribute an image of another identifiable person's intimate
body parts or depicting the person engaged in one of several
specified sexual acts, when the person distributing the image
knows, or should know, that its distribution will cause
serious emotional distress, and where the person depicted
suffers that distress.
2)Provides that a person intentionally distributes an image when
he or she personally distributes the image, or arranges,
specifically requests, or intentionally causes another person
to distribute it.
3)Defines "intimate body part" as "any portion of the genitals,
the anus, and in the case of a female, also includes any
portion of the breasts below the top of the areola, that is
either uncovered or clearly visible through clothing."
4)Makes distribution of the image exempt from prosecution if:
SB 1255
Page 2
a) It is made in the course of reporting unlawful activity;
b) It is made in compliance with a subpoena or other court
order for use in a legal proceeding; or,
c) It is made in the course of a lawful public proceeding.
EXISTING LAW :
1)Provides that any person who photographs or records by any
means the image of another identifiable person with his or her
consent who is in a state of full or partial undress in an
area in which the person has a reasonable expectation of
privacy, and subsequently distributes the image with the
intent to cause serious emotional distress, and where the
person depicted does suffer serious emotional distress, is
guilty of a misdemeanor.
2)Makes it a misdemeanor for any person who looks through a hole
or opening, into, or otherwise views, by means of any
instrumentality, including, but not limited to, a periscope,
telescope, binoculars, camera, motion picture camera,
camcorder, or mobile phone, the interior of a bedroom,
bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the
intent to invade the privacy of a person or persons inside.
3)Makes it a misdemeanor for any person to use a device to
secretly videotape or record by electronic means another
identifiable person under or through his or her clothing, for
the purpose of viewing that person's body or undergarments
without consent and under circumstances in which that person
has a reasonable expectation of privacy, if the perpetrator
commits the act with a prurient intent.
4)Makes it a misdemeanor for any person who uses a concealed
instrumentality to secretly videotape or record another person
who is in a state of full or partial undress, for the purpose
of viewing that person's body or undergarments without consent
while that person is in a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior
of any other area in which that other person has a reasonable
SB 1255
Page 3
expectation of privacy, with the intent to invade the privacy
of that individual.
5)Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates, or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct, with the intent to
distribute, exhibit, or exchange such material, is guilty of
either a misdemeanor punishable by imprisonment in the county
jail for up to one year, by a fine not to exceed $1,000, or
both, or guilty of a felony punishable by imprisonment in the
state prison, and/or a fine not to exceed $10,000.
6)Specifies that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates, or prints any
obscene matter depicting a person under the age of 18 years
engaging in or simulating sexual conduct for commercial
purposes is guilty of a felony, punishable by imprisonment in
the state prison for two, three, or six years and a fine up to
$100,000.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor non-reimbursable local law enforcement costs.
It is unlikely anyone would be incarcerated for this
misdemeanor. Potential costs would be offset to a degree by
minor fine revenue.
COMMENTS : According to the author, "SB 1255 seeks to strengthen
the existing privacy law pertaining to revenge porn by extending
the protections offered by last year's SB 255 [(Cannella),
Chapter 466, Statutes of 2013] to include images a person takes
of themselves.
"Revenge porn refers to the posting of illicit pictures of
another person without his or her consent, often as retaliation
following a bitter breakup between partners. Current law only
addresses half the problem.
"The distribution of a sexually explicit image an individual has
taken of another, identifiable person while in a private setting
without the subject's consent is prohibited under current law.
"However, it is silent as to images a person may have taken of
themselves and which were subsequently distributed by others
without his or her consent.
SB 1255
Page 4
"SB 1255 would prohibit the distribution of sexually explicit
images taken in a private setting without the consent of the
depicted person regardless of who created the image."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0004553