AB 32, as introduced, Waldron. Computer crimes.
Existing law establishes various crimes relating to computer services and systems, including to knowingly and without permission disrupt or cause the disruption of computer services including government computer services or public safety infrastructure computer system computer services, add, alter, damage, delete, or destroy any computer data, software, or program, introduce a computer contaminant, use the Internet domain name or profile of another. Existing law makes a violation of these provisions punishable by specified fines or terms of imprisonment, or by both those fines and imprisonment. Existing law establishes the time limitations during which a criminal complaint may be filed.
This bill would make the commission of any of those crimes that involves acquiring, copying, or distributing a digital image of a person that displays an intimate body part, as defined, of the person additionally punishable by a fine not exceeding $10,000 per each digital image acquired, copied, or distributed. The bill would, notwithstanding any of those other time limitations, permit a criminal complaint alleging a violation described in the bill to be filed within one year of the date on which that violation was discovered.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 502 of the Penal Code is amended to
(a) It is the intent of the Legislature in enacting this
4section to expand the degree of protection afforded to individuals,
5businesses, and governmental agencies from tampering,
6interference, damage, and unauthorized access to lawfully created
7computer data and computer systems. The Legislature finds and
8declares that the proliferation of computer technology has resulted
9in a concomitant proliferation of computer crime and other forms
10of unauthorized access to computers, computer systems, and
12The Legislature further finds and declares that protection of the
13integrity of all types and forms of lawfully created computers,
14computer systems, and computer data is vital to the protection of
15the privacy of individuals as well as to the well-being of financial
16institutions, business concerns, governmental agencies, and others
17within this state that lawfully utilize those computers, computer
18systems, and data.
19(b) For the purposes of this section, the following terms have
20the following meanings:
21(1) “Access” means to gain entry to, instruct, cause input to,
22cause output from, cause data processing with, or communicate
23with, the logical, arithmetical, or memory function resources of a
24computer, computer system, or computer network.
25(2) “Computer network” means any system that provides
26communications between one or more computer systems and
27input/output devices including, but not limited to, display terminals,
28remote systems, mobile devices, and printers connected by
30(3) “Computer program or
software” means a set of instructions
31or statements, and related data, that when executed in actual or
32modified form, cause a computer, computer system, or computer
33network to perform specified functions.
34(4) “Computer services” includes, but is not limited to, computer
35time, data processing, or storage functions, Internet services,
P3 1electronic mail services, electronic message services, or other uses
2of a computer, computer system, or computer network.
3(5) “Computer system” means a device or collection of devices,
4including support devices and excluding calculators that are not
5programmable and capable of being used in conjunction with
6external files, one or more of which contain computer programs,
7electronic instructions, input data, and output data, that performs
8functions including, but not limited to, logic, arithmetic, data
9storage and retrieval, communication, and control.
10(6) “Government computer system” means any computer system,
11or part thereof, that is owned, operated, or used by any federal,
12state, or local governmental entity.
13(7) “Public safety infrastructure computer system” means any
14computer system, or part thereof, that is necessary for the health
15and safety of the public including computer systems owned,
16operated, or used by drinking water and wastewater treatment
17facilities, hospitals, emergency service providers,
18telecommunication companies, and gas and electric utility
20(8) “Data” means a representation of information, knowledge,
21facts, concepts, computer software, computer programs or
22instructions. Data may be in any form, in storage media, or as
23stored in the memory of the computer or in transit or presented on
24a display device.
25(9) “Supporting documentation” includes, but is not limited to,
26all information, in any form, pertaining to the design, construction,
27classification, implementation, use, or modification of a computer,
28computer system, computer network, computer program, or
29computer software, which information is not generally available
30to the public and is necessary for the operation of a computer,
31computer system, computer network, computer program, or
33(10) “Injury” means any alteration, deletion, damage, or
34destruction of a computer system, computer network, computer
35program, or data caused by the access, or the denial of access to
36legitimate users of a computer system, network, or program.
37(11) “Victim expenditure” means any expenditure reasonably
38and necessarily incurred by the owner or lessee to verify that a
39 computer system, computer network, computer program, or data
P4 1was or was not altered, deleted, damaged, or destroyed by the
3(12) “Computer contaminant” means any set of computer
4instructions that are designed to modify, damage, destroy, record,
5or transmit information within a computer, computer system, or
6computer network without the intent or permission of the owner
7of the information. They include, but are not limited to, a group
8of computer instructions commonly called viruses or worms, that
9are self-replicating or self-propagating and are designed to
10contaminate other computer programs or computer data, consume
11computer resources, modify, destroy, record, or transmit data, or
12in some other fashion usurp the normal operation of the computer,
13computer system, or computer network.
14(13) “Internet domain name” means a globally unique,
15hierarchical reference to an Internet host or service, assigned
16through centralized Internet naming authorities, comprising a series
17of character strings separated by periods, with the rightmost
18character string specifying the top of the hierarchy.
19(14) “Electronic mail” means an electronic message or computer
20file that is transmitted between two or more telecommunications
21devices; computers; computer networks, regardless of whether the
22network is a local, regional, or global network; or electronic devices
23capable or receiving electronic messages, regardless of whether
24the message is converted to hard copy format after receipt, viewed
25upon transmission, or stored for later retrieval.
26(15) “Profile” means either of the following:
27(A) A configuration of user data required by a computer so that
28the user may access programs or services and have the desired
29 functionality on that computer.
30(B) An Internet Web site user’s personal page or section of a
31page that is made up of data, in text of graphical form, that displays
32significant, unique, or identifying information, including, but not
33limited to, listing acquaintances, interests, associations, activities,
34or personal statements.
35(c) Except as provided in subdivision (h), any person who
36commits any of the following acts is guilty of a public offense:
37(1) Knowingly accesses and without permission alters, damages,
38deletes, destroys, or otherwise uses any data, computer, computer
39system, or computer network in order to either (A) devise or
P5 1execute any scheme or artifice to defraud, deceive, or extort, or
2(B) wrongfully control or obtain money, property, or data.
3(2) Knowingly accesses and without permission takes, copies,
4or makes use of any data from a computer, computer system, or
5computer network, or takes or copies any supporting
6documentation, whether existing or residing internal or external
7to a computer, computer system, or computer network.
8(3) Knowingly and without permission uses or causes to be used
10(4) Knowingly accesses and without permission adds, alters,
11damages, deletes, or destroys any data, computer software, or
12computer programs which reside or exist internal or external to a
13computer, computer system, or computer network.
14(5) Knowingly and without permission disrupts or causes the
15disruption of computer services or denies or causes the denial of
16computer services to an authorized user of a computer, computer
17system, or computer network.
18(6) Knowingly and without permission provides or assists in
19providing a means of accessing a computer, computer system, or
20computer network in violation of this section.
21(7) Knowingly and without permission accesses or causes to be
22accessed any computer, computer system, or computer network.
23(8) Knowingly introduces any computer contaminant into any
24computer, computer system, or computer network.
25(9) Knowingly and without permission uses the Internet domain
26name or profile of another individual, corporation, or entity in
27connection with the sending of one or more electronic mail
28messages or posts and thereby damages or causes damage to a
29computer, computer data, computer system, or computer network.
30(10) Knowingly and without permission disrupts or causes the
31disruption of government computer services or denies or causes
32the denial of government computer services to an authorized user
33of a government computer, computer system, or computer network.
34(11) Knowingly accesses and without permission adds, alters,
35damages, deletes, or destroys any data, computer software, or
36computer programs which reside or exist internal or external to a
37public safety infrastructure computer system computer, computer
38system, or computer network.
39(12) Knowingly and without permission disrupts or causes the
40disruption of public safety infrastructure computer system computer
P6 1services or denies or causes the denial of computer services to an
2authorized user of a public safety infrastructure computer system
3computer, computer system, or computer network.
4(13) Knowingly and without permission provides or assists in
5providing a means of accessing a computer, computer system, or
6public safety infrastructure computer system computer, computer
7system, or computer network in violation of this section.
8(14) Knowingly introduces any computer contaminant into any
9public safety infrastructure computer system computer, computer
10system, or computer network.
11(d) (1) Any person who violates any of the provisions of
12paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is
13punishable by a fine not exceeding ten thousand dollars ($10,000),
14or by imprisonment pursuant to subdivision (h) of Section 1170
15for 16 months, or two or three years, or by both that fine and
16imprisonment, or by a fine not exceeding five thousand dollars
17 ($5,000), or by imprisonment in a county jail not exceeding one
18year, or by both that fine and imprisonment.
19(2) Any person who violates paragraph (3) of subdivision (c)
20is punishable as follows:
21(A) For the first violation that does not result in injury, and
22where the value of the computer services used does not exceed
23nine hundred fifty dollars ($950), by a fine not exceeding five
24thousand dollars ($5,000), or by imprisonment in a county jail not
25exceeding one year, or by both that fine and imprisonment.
26(B) For any violation that results in a victim expenditure in an
27amount greater than five thousand dollars ($5,000) or in an injury,
28or if the value of the computer services used exceeds nine hundred
29fifty dollars ($950), or for any second or subsequent violation, by
30a fine not exceeding ten thousand dollars ($10,000), or by
31imprisonment pursuant to subdivision (h) of Section 1170 for 16
32months, or two or three years, or by both that fine and
33imprisonment, or by a fine not exceeding five thousand dollars
34($5,000), or by imprisonment in a county jail not exceeding one
35year, or by both that fine and imprisonment.
36(3) Any person who violates paragraph (6), (7), or (13) of
37subdivision (c) is punishable as follows:
38(A) For a first violation that does not result in injury, an
39infraction punishable by a fine not exceeding one thousand dollars
P7 1(B) For any violation that results in a victim expenditure in an
2amount not greater than five thousand dollars ($5,000), or for a
3second or subsequent violation, by a fine not exceeding five
4thousand dollars ($5,000), or by imprisonment in a county jail not
5exceeding one year, or by both that fine and imprisonment.
6(C) For any violation that results in a victim expenditure in an
7amount greater than five thousand dollars ($5,000), by a fine not
8exceeding ten thousand dollars ($10,000), or by imprisonment
9pursuant to subdivision (h) of Section 1170 for 16 months, or two
10or three years, or by both that fine and imprisonment, or by a fine
11not exceeding five thousand dollars ($5,000), or by imprisonment
12in a county jail not exceeding one year, or by both that fine and
14(4) Any person who violates paragraph (8) or (14) of subdivision
15(c) is punishable as follows:
16(A) For a first violation that does not result in injury, a
17misdemeanor punishable by a fine not exceeding five thousand
18dollars ($5,000), or by imprisonment in a county jail not exceeding
19one year, or by both that fine and imprisonment.
20(B) For any violation that results in injury, or for a second or
21subsequent violation, by a fine not exceeding ten thousand dollars
22($10,000), or by imprisonment in a county jail not exceeding one
23year, or by imprisonment pursuant to subdivision (h) of Section
241170, or by both that fine and imprisonment.
25(5) Any person who violates paragraph (9) of subdivision (c)
26is punishable as follows:
27(A) For a first violation that does not result in injury, an
28infraction punishable by a fine not exceeding one thousand dollars
30(B) For any violation that results in injury, or for a second or
31subsequent violation, by a fine not exceeding five thousand dollars
32($5,000), or by imprisonment in a county jail not exceeding one
33year, or by both that fine and imprisonment.
34(e) (1) In addition to any other civil remedy available, the owner
35or lessee of the computer, computer system, computer network,
36computer program, or data who suffers damage or loss by reason
37of a violation of any of the provisions of subdivision (c) may bring
38a civil action against the violator for compensatory damages and
39injunctive relief or other equitable relief. Compensatory damages
40shall include any expenditure reasonably and necessarily incurred
P8 1by the owner or lessee to verify that a computer system, computer
2network, computer program, or data was or was not altered,
3damaged, or deleted by the access. For the purposes of actions
4authorized by this subdivision, the conduct of an unemancipated
5minor shall be imputed to the parent or legal guardian having
6control or custody of the minor, pursuant to the provisions of
7Section 1714.1 of the Civil Code.
8(2) In any action brought pursuant to this subdivision the court
9may award reasonable attorney’s fees.
10(3) A community college, state university, or academic
11institution accredited in this state is required to include
12computer-related crimes as a specific violation of college or
13university student conduct policies and regulations that may subject
14a student to disciplinary sanctions up to and including dismissal
15from the academic institution. This paragraph shall not apply to
16the University of California unless the Board of Regents adopts a
17resolution to that effect.
18(4) In any action brought pursuant to this subdivision for a
19willful violation of the provisions of subdivision (c), where it is
20proved by clear and convincing evidence that a defendant has been
21guilty of oppression, fraud, or malice as defined in subdivision (c)
22of Section 3294 of the Civil Code, the court may additionally award
23punitive or exemplary damages.
24(5) No action may be brought pursuant to this subdivision unless
25it is initiated within three years of the date of the act complained
26of, or the date of the discovery of the damage, whichever is later.
27(f) This section shall not be construed to preclude the
28applicability of any other provision of the criminal law of this state
29which applies or may apply to any transaction, nor shall it make
30illegal any employee labor relations activities that are within the
31scope and protection of state or federal labor laws.
32(g) Any computer, computer system, computer network, or any
33software or data, owned by the defendant, that is used during the
34commission of any public offense described in subdivision (c) or
35any computer, owned by the defendant, which is used as a
36repository for the storage of software or data illegally obtained in
37violation of subdivision (c) shall be subject to forfeiture, as
38specified in Section 502.01.
39(h) (1) Subdivision (c) does not apply to punish any acts which
40are committed by a person within the scope of his or her lawful
P9 1employment. For purposes of this section, a person acts within the
2scope of his or her employment when he or she performs acts
3which are reasonably necessary to the performance of his or her
5(2) Paragraph (3) of subdivision (c) does not apply to penalize
6any acts committed by a person acting outside of his or her lawful
7employment, provided that the employee’s activities do not cause
8an injury, to the employer or another, or provided that the value
9of supplies or computer services which are used does not exceed
10an accumulated total of two hundred fifty dollars ($250).
11(i) No activity exempted from prosecution under paragraph (2)
12of subdivision (h) which incidentally violates paragraph (2), (4),
13or (7) of subdivision (c) shall be prosecuted under those paragraphs.
14(j) For purposes of bringing a civil or a criminal action under
15this section, a person who causes, by any means, the access of a
16computer, computer system, or computer network in one
17jurisdiction from another jurisdiction is deemed to have personally
18accessed the computer, computer system, or computer network in
20(k) In determining the terms and conditions applicable to a
21person convicted of a violation of this section the court shall
22consider the following:
23(1) The court shall consider
prohibitions on access to and use
25(2) Except as otherwise required by law, the court shall consider
26alternate sentencing, including community service, if the defendant
27shows remorse and recognition of the wrongdoing, and an
28inclination not to repeat the offense.
Section 803 of the Penal Code is amended to read:
(a) Except as provided in this section, a limitation of time
5prescribed in this chapter is not tolled or extended for any reason.
6(b) No time during which prosecution of the same person for
7the same conduct is pending in a court of this state is a part of a
8limitation of time prescribed in this chapter.
9(c) A limitation of time prescribed in this chapter does not
10commence to run until the discovery of an offense described in
11this subdivision. This subdivision applies to an offense punishable
12by imprisonment in the state prison or imprisonment pursuant to
13subdivision (h) of Section 1170, a material element of which is
14fraud or breach of a fiduciary obligation, the commission of the
15crimes of theft or embezzlement upon an elder or dependent adult,
16or the basis of which is misconduct in office by a public officer,
17employee, or appointee, including, but not limited to, the following
19(1) Grand theft of any type, forgery, falsification of public
20records, or acceptance of a bribe by a public official or a public
22(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
23(3) A violation of Section 25540, of any type, or Section 25541
24of the Corporations Code.
25(4) A violation of Section 1090 or 27443 of the Government
27(5) Felony welfare fraud or Medi-Cal fraud in violation of
28Section 11483 or 14107 of the Welfare and Institutions Code.
29(6) Felony insurance fraud in violation of Section 548 or 550
30of this code or
begin delete former Section 1871.1, or Section 1871.4,end delete of the Insurance Code.
32(7) A violation of Section 580, 581, 582, 583, or 584 of the
33Business and Professions Code.
34(8) A violation of Section 22430 of the Business and Professions
36(9) A violation of Section 103800 of the Health and Safety
38(10) A violation of Section 529a.
39(11) A violation of subdivision (d) or (e) of Section 368.
P11 1(d) If the defendant is out of the state when or after the offense
2is committed, the prosecution may be commenced as provided in
3Section 804 within the limitations of time prescribed by this
4chapter, and no time up to a maximum of three years during which
5the defendant is not within the state shall be a part of those
7(e) A limitation of time prescribed in this chapter does not
8commence to run until the offense has been discovered, or could
9have reasonably been discovered, with regard to offenses under
10Division 7 (commencing with Section 13000) of the Water Code,
11under Chapter 6.5 (commencing with Section 25100) of, Chapter
126.7 (commencing with Section 25280) of, or Chapter 6.8
13(commencing with Section 25300) of, Division 20 of, or Part 4
14(commencing with Section 41500) of Division 26 of, the Health
15and Safety Code, or under Section 386, or offenses under Chapter
165 (commencing with Section 2000) of Division 2 of, Chapter 9
17(commencing with Section 4000) of Division 2 of, Section 6126
18of, Chapter 10 (commencing with Section 7301) of Division 3 of,
19or Chapter 19.5 (commencing with Section 22440) of Division 8
20of, the Business and Professions Code.
21(f) (1) Notwithstanding any other limitation of time described
22in this chapter, a criminal complaint may be filed within one year
23of the date of a report to a California law enforcement agency by
24a person of any age alleging that he or she, while under the age of
2518 years, was the victim of a crime described in Section 261, 286,
26288, 288a, 288.5, or
begin delete 289, or Section 289.5, as enacted by Chapter
27293 of the Statutes of 1991 relating to penetration by an unknown
29(2) This subdivision applies only if all of the following occur:
30(A) The limitation period specified in Section 800, 801, or 801.1,
31whichever is later, has expired.
32(B) The crime involved substantial sexual conduct, as described
33in subdivision (b) of Section 1203.066, excluding masturbation
34that is not mutual.
35(C) There is independent evidence that corroborates the victim’s
36allegation. If the victim was 21 years of age or older at the time
37of the report, the independent evidence shall clearly and
38convincingly corroborate the victim’s allegation.
evidence may be used to corroborate the victim’s
40allegation that otherwise would be inadmissible during trial.
P12 1Independent evidence does not include the opinions of mental
3(4) (A) In a criminal investigation involving any of the crimes
4listed in paragraph (1) committed against a child, when the
5applicable limitations period has not expired, that period shall be
6tolled from the time a party initiates litigation challenging a grand
7jury subpoena until the end of the litigation, including any
8associated writ or appellate proceeding, or until the final disclosure
9of evidence to the investigating or prosecuting agency, if that
10disclosure is ordered pursuant to the subpoena after the litigation.
11(B) Nothing in this subdivision affects the definition or
12applicability of any evidentiary privilege.
13(C) This subdivision shall not apply where a court finds that the
14grand jury subpoena was issued or caused to be issued in bad faith.
15(g) (1) Notwithstanding any other limitation of time described
16in this chapter, a criminal complaint may be filed within one year
17of the date on which the identity of the suspect is conclusively
18established by DNA testing, if both of the following conditions
20(A) The crime is one that is described in subdivision (c) of
22(B) The offense was committed prior to January 1, 2001, and
23biological evidence collected in connection with the offense is
24analyzed for DNA type no later than January 1, 2004, or the offense
25was committed on or after January 1, 2001, and biological evidence
26collected in connection with the offense is analyzed for DNA type
27no later than two years from the date of the offense.
28(2) For purposes of this section, “DNA” means deoxyribonucleic
30(h) For any crime, the proof of which depends substantially
31upon evidence that was seized under a warrant, but which is
32unavailable to the prosecuting authority under the procedures
33described in People v. Superior Court (Laff) (2001) 25 Cal.4th
34703, People v. Superior Court (Bauman & Rose) (1995) 37
35Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
36claims of evidentiary privilege or attorney work product, the
37limitation of time prescribed in this chapter shall be tolled from
38the time of the seizure until final disclosure of the evidence to the
39prosecuting authority. Nothing in this section otherwise affects
P13 1the definition or applicability of any evidentiary privilege or
2attorney work product.
3(i) Notwithstanding any other limitation of time described in
4this chapter, a criminal complaint may be filed within one year of
5the date on which a hidden recording is discovered related to a
6violation of paragraph (2) or (3) of subdivision (j) of Section 647.
7(j) Notwithstanding any other limitation of time described in
8this chapter, if a person flees the scene of an accident that caused
9death or permanent, serious injury, as defined in subdivision (d)
10of Section 20001 of the Vehicle Code, a criminal complaint brought
11pursuant to paragraph (2) of subdivision (b) of Section 20001 of
12the Vehicle Code may be filed within the applicable time period
13described in Section 801 or 802 or one year after the person is
14initially identified by law enforcement as a suspect in the
15commission of the offense, whichever is later, but in no case later
16than six years after the commission of the offense.