AB 32, as amended, 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
begin delete limitationsend delete 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.end delete
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
begin delete devicesend delete including, but not limited to, display
P3 1terminals, remote systems, mobile devices, and printers connected
2by telecommunication facilities.
3(3) “Computer program or software” means a set of instructions
4or statements, and related data, that when executed in actual or
5modified form, cause a computer, computer system, or computer
6network to perform specified functions.
7(4) “Computer services” includes, but is not limited to, computer
8time, data processing, or storage functions, Internet services,
9electronic mail services, electronic message services, or other uses
10of a computer, computer system, or computer network.
11(5) “Computer system” means a device or collection of devices,
12including support devices and excluding calculators that are not
13programmable and capable of being used in conjunction with
14external files, one or more of which contain computer programs,
15electronic instructions, input data, and output data, that performs
begin deletefunctionsend delete including, but not limited to, logic, arithmetic,
17data storage and retrieval, communication, and control.
18(6) “Government computer system” means any computer system,
19or part thereof, that is owned, operated, or used by any federal,
20state, or local governmental entity.
21(7) “Public safety infrastructure computer system” means any
22computer system, or part thereof, that is necessary for the health
23and safety of the public including computer systems owned,
24operated, or used by drinking water and wastewater treatment
25 facilities, hospitals, emergency service providers,
26telecommunication companies, and gas and electric utility
28(8) “Data” means a representation of information, knowledge,
29facts, concepts, computer software, computer programs or
30instructions. Data may be in any form, in storage media, or as
31stored in the memory of the computer or in transit or presented on
32a display device.
33(9) “Supporting documentation” includes, but is not limited to,
34all information, in any form, pertaining to the design, construction,
35classification, implementation, use, or modification of a computer,
36computer system, computer network, computer program, or
37computer software, which information is not generally available
38to the public and is necessary for the operation of a computer,
39computer system, computer network, computer program, or
P4 1(10) “Injury” means any alteration, deletion, damage, or
2destruction of a computer system, computer network, computer
3program, or data caused by the access, or the denial of access to
4legitimate users of a computer system, network, or program.
5(11) “Victim expenditure” means any expenditure reasonably
6and necessarily incurred by the owner or lessee to verify that a
7computer system, computer network, computer program, or data
8was or was not altered, deleted, damaged, or destroyed by the
10(12) “Computer contaminant” means any set of computer
11instructions that are designed to modify, damage, destroy, record,
12or transmit information within a computer, computer system, or
13computer network without the intent or permission of the owner
14of the information. They include, but are not limited to, a group
15of computer instructions commonly called viruses or worms, that
16are self-replicating or self-propagating and are designed to
17contaminate other computer programs or computer data, consume
18computer resources, modify, destroy, record, or transmit data, or
19in some other fashion usurp the normal operation of the computer,
20computer system, or computer network.
21(13) “Internet domain name” means a globally unique,
22hierarchical reference to an Internet host or service, assigned
23through centralized Internet naming authorities, comprising a series
24of character strings separated by periods, with the rightmost
25character string specifying the top of the hierarchy.
26(14) “Electronic mail” means an electronic message or computer
27file that is transmitted between two or more telecommunications
28devices; computers; computer networks, regardless of whether the
29network is a local, regional, or global network; or electronic devices
begin delete orend delete receiving electronic messages, regardless of whether
31the message is converted to hard copy format after receipt, viewed
32upon transmission, or stored for later retrieval.
33(15) “Profile” means either of the following:
34(A) A configuration of user data required by a computer so that
35the user may access programs or services and have the desired
36functionality on that computer.
37(B) An Internet Web site user’s personal page or section of a
38page that is made up of data, in text
begin delete ofend delete graphical form, that
39displays significant, unique, or identifying information, including,
P5 1but not limited to, listing acquaintances, interests, associations,
2activities, or personal statements.
3(c) Except as provided in subdivision (h), any person who
4commits any of the following acts is guilty of a public offense:
5(1) Knowingly accesses and without permission alters, damages,
6deletes, destroys, or otherwise uses any data, computer, computer
7system, or computer network in order to either (A) devise or
8execute any scheme or artifice to defraud, deceive, or extort, or
9(B) wrongfully control or obtain money, property, or data.
10(2) Knowingly accesses and without permission takes, copies,
11or makes use of any data from a computer, computer system, or
12computer network, or takes or copies any supporting
13documentation, whether existing or residing internal or external
14to a computer, computer system, or computer network.
15(3) Knowingly and without permission uses or causes to be used
17(4) Knowingly accesses and without permission adds, alters,
18damages, deletes, or destroys any data, computer software, or
19computer programs which reside or exist internal or external to a
20computer, computer system, or computer network.
21(5) Knowingly and without permission disrupts or causes the
22disruption of computer services or denies or causes the denial of
23computer services to an authorized user of a computer, computer
24system, or computer network.
25(6) Knowingly and without permission provides or assists in
26providing a means of accessing a computer, computer system, or
27computer network in violation of this section.
28(7) Knowingly and without permission accesses or causes to be
29accessed any computer, computer system, or computer network.
30(8) Knowingly introduces any computer contaminant into any
31computer, computer system, or computer network.
32(9) Knowingly and without permission uses the Internet domain
33name or profile of another individual, corporation, or entity in
34connection with the sending of one or more electronic mail
35messages or posts and thereby damages or causes damage to a
36computer, computer data, computer system, or computer network.
37(10) Knowingly and without permission disrupts or causes the
38disruption of government computer services or denies or causes
39the denial of government computer services to an authorized user
40of a government computer, computer system, or computer network.
P6 1(11) Knowingly accesses and without permission adds, alters,
2damages, deletes, or destroys any data, computer software, or
3computer programs which reside or exist internal or external to a
4public safety infrastructure computer system computer, computer
5system, or computer network.
6(12) Knowingly and without permission disrupts or causes the
7disruption of public safety infrastructure computer system computer
8services or denies or causes the denial of computer services to an
9authorized user of a public safety infrastructure computer system
10computer, computer system, or computer network.
11(13) Knowingly and without permission provides or assists in
12providing a means of accessing a computer, computer system, or
13public safety infrastructure computer system computer, computer
14system, or computer network in violation of this section.
15(14) Knowingly introduces any computer contaminant into any
16public safety infrastructure computer system computer, computer
17system, or computer network.
18(d) (1) Any person who violates any of the provisions of
19paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is
20punishable by a fine not exceeding ten thousand dollars ($10,000),
21or by imprisonment pursuant to subdivision (h) of Section 1170
22for 16 months, or two or three years, or by both that fine and
23imprisonment, or by a fine not exceeding
begin delete five thousand dollars
24 ($5,000),end delete
25a county jail not exceeding one year, or by both that fine and
27(2) Any person who violates paragraph (3) of subdivision (c)
28is punishable as follows:
29(A) For the first violation that does not result in injury, and
30where the value of the computer services used does not exceed
31nine hundred fifty dollars ($950), by a fine not exceeding
begin delete five or by
32thousand dollars ($5,000),end delete
33imprisonment in a county jail not exceeding one year, or by both
34that fine and imprisonment.
35(B) For any violation that results in a victim expenditure in an
36amount greater than five thousand dollars ($5,000) or in an injury,
37or if the value of the computer services used exceeds nine hundred
38fifty dollars ($950), or for any second or subsequent violation, by
39a fine not exceeding ten thousand dollars ($10,000), or by
40imprisonment pursuant to subdivision (h) of Section 1170 for 16
P7 1months, or two or three years, or by both that fine and
2imprisonment, or by a fine not exceeding
begin delete five thousand dollars or by imprisonment in
4a county jail not exceeding one year, or by both that fine and
6(3) Any person who violates paragraph (6), (7), or
7subdivision (c) is punishable as follows:
8(A) For a first violation that does not result in injury, an
9infraction punishable by a fine not exceeding one thousand dollars
11(B) For any violation that results in a victim expenditure in an
12amount not greater than five thousand dollars ($5,000), or for a
13second or subsequent violation, by a fine not exceeding
begin delete five or by
14thousand dollars ($5,000),end delete
15imprisonment in a county jail not exceeding one year, or by both
16that fine and imprisonment.
17(C) For any violation that results in a victim expenditure in an
18amount greater than five thousand dollars ($5,000), by a fine not
19exceeding ten thousand dollars ($10,000), or by imprisonment
20pursuant to subdivision (h) of Section 1170 for 16 months, or two
21or three years, or by both that fine and imprisonment, or by a fine
begin delete five thousand dollars ($5,000),end delete or by imprisonment in a county jail not exceeding one
24year, or by both that fine and imprisonment.
25(4) Any person who violates paragraph (8) or (14) of subdivision
26(c) is punishable as follows:
27(A) For a first violation that does not result in injury, a
28misdemeanor punishable by a fine not exceeding
begin delete five thousand or by
29dollars ($5,000),end delete
30imprisonment in a county jail not exceeding one year, or by both
31that fine and imprisonment.
32(B) For any violation that results in injury, or for a second or
33subsequent violation, by a fine not exceeding ten thousand dollars
34($10,000), or by imprisonment in a county jail not exceeding one
35year, or by imprisonment pursuant to subdivision (h) of Section
361170, or by both that fine and imprisonment.
37(5) Any person who violates paragraph (9) of subdivision (c)
38is punishable as follows:
P8 1(A) For a first violation that does not result in injury, an
2infraction punishable by a fine not exceeding one thousand dollars
4(B) For any violation that results in injury, or for a second or
5subsequent violation, by a fine not exceeding
begin delete five thousand dollars or by imprisonment in
7a county jail not exceeding one year, or by both that fine and
9(e) (1) In addition to any other civil remedy available, the owner
10or lessee of the computer, computer system, computer network,
11computer program, or data who suffers damage or loss by reason
12of a violation of any of the provisions of subdivision (c) may bring
13a civil action against the violator for compensatory damages and
14injunctive relief or other equitable relief. Compensatory damages
15shall include any expenditure reasonably and necessarily incurred
16by the owner or lessee to verify that a computer system, computer
17network, computer program, or data was or was not altered,
18damaged, or deleted by the access. For the purposes of actions
19authorized by this subdivision, the conduct of an unemancipated
20minor shall be imputed to the parent or legal guardian having
21control or custody of the minor, pursuant to the provisions of
22Section 1714.1 of the Civil Code.
23(2) In any action brought pursuant to this subdivision the court
24may award reasonable attorney’s fees.
25(3) A community college, state university, or academic
26institution accredited in this state is required to include
27computer-related crimes as a specific violation of college or
28university student conduct policies and regulations that may subject
29a student to disciplinary sanctions up to and including dismissal
30from the academic institution. This paragraph shall not apply to
31the University of California unless the Board of Regents adopts a
32resolution to that effect.
33(4) In any action brought pursuant to this subdivision for a
34willful violation of the provisions of subdivision (c), where it is
35proved by clear and convincing evidence that a defendant has been
36guilty of oppression, fraud, or malice as defined in subdivision (c)
37of Section 3294 of the Civil Code, the court may additionally award
38punitive or exemplary damages.
P9 1(5) No action may be brought pursuant to this subdivision unless
2it is initiated within three years of the date of the act complained
3of, or the date of the discovery of the damage, whichever is later.
4(f) This section shall not be construed to preclude the
5applicability of any other provision of the criminal law of this state
6which applies or may apply to any transaction, nor shall it make
7illegal any employee labor relations activities that are within the
8scope and protection of state or federal labor laws.
9(g) Any computer, computer system, computer network, or any
10software or data, owned by the defendant, that is used during the
11commission of any public offense described in subdivision (c) or
12any computer, owned by the defendant, which is used as a
13repository for the storage of software or data illegally obtained in
14violation of subdivision (c) shall be subject to forfeiture, as
15specified in Section 502.01.
16(h) (1) Subdivision (c) does not apply to punish any acts which
17are committed by a person within the scope of his or her lawful
18employment. For purposes of this section, a person acts within the
19scope of his or her employment when he or she performs acts
20which are reasonably necessary to the performance of his or her
22(2) Paragraph (3) of subdivision (c) does not apply to penalize
23any acts committed by a person acting outside of his or her lawful
24employment, provided that the employee’s activities do not cause
25an injury, to the employer or another, or provided that the value
26of supplies or computer services which are used does not exceed
27an accumulated total of two hundred fifty dollars ($250).
28(i) No activity exempted from prosecution under paragraph (2)
29of subdivision (h) which incidentally violates paragraph (2), (4),
30or (7) of subdivision (c) shall be prosecuted under those paragraphs.
31(j) For purposes of bringing a civil or a criminal action under
32this section, a person who causes, by any means, the access of a
33computer, computer system, or computer network in one
34jurisdiction from another jurisdiction is deemed to have personally
35accessed the computer, computer system, or computer network in
37(k) In determining the terms and conditions applicable to a
38person convicted of a violation of this section the court shall
39consider the following:
P10 1(1) The court shall consider prohibitions on access to and use
3(2) Except as otherwise required by law, the court shall consider
4alternate sentencing, including community service, if the defendant
5shows remorse and recognition of the wrongdoing, and an
6inclination not to repeat the offense.
7(l) (1) A person who commits a violation of this section that
8involves acquiring, copying, or distributing one or more digital
9images of a person that displays an intimate body part of the person
10is subject to a fine not exceeding ten thousand dollars ($10,000)
11per each image acquired, copied, or distributed.
12(2) A fine imposed pursuant
to this subdivision is in addition
13to any other penalty or punishment provided for conduct that
14violates this subdivision.
15(3) A fine pursuant to this subdivision may be imposed only
16pursuant to an action brought by a district attorney.
17(4) As used in this subdivision, “intimate body part” means any
18portion of the genitals, the anus, and in the case of a female also
19includes any portion of the breasts below the top of the areola, that
20is either uncovered or clearly visible through clothing.
Section 803 of the Penal Code is amended to read:
(a) Except as provided in this section, a limitation of time
23prescribed in this chapter is not tolled or extended for any reason.
24(b) No time during which prosecution of the same person for
25the same conduct is pending in a court of this state is a part of a
26limitation of time prescribed in this chapter.
27(c) A limitation of time prescribed in this chapter does not
28commence to run until the discovery of an offense described in
29this subdivision. This subdivision applies to an offense punishable
30by imprisonment in the state prison or imprisonment pursuant to
31subdivision (h) of Section 1170, a material element of which is
32fraud or breach of a fiduciary obligation, the commission of the
33crimes of theft or embezzlement upon an elder or dependent adult,
34or the basis of which is misconduct in office by a public officer,
35employee, or appointee, including, but not limited to, the following
37(1) Grand theft of any type, forgery, falsification of public
38records, or acceptance of a bribe by a public official or a public
40(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
P11 1(3) A violation of Section 25540, of any type, or Section 25541
2of the Corporations Code.
3(4) A violation of Section 1090 or 27443 of the Government
5(5) Felony welfare fraud or Medi-Cal fraud in violation of
6Section 11483 or 14107 of the Welfare and Institutions Code.
7(6) Felony insurance fraud in violation of Section 548 or 550
8of this code or Section 1871.4 of the
10(7) A violation of Section 580, 581, 582, 583, or 584 of the
11Business and Professions Code.
12(8) A violation of Section 22430 of the Business and Professions
14(9) A violation of Section 103800 of the Health and Safety
16(10) A violation of Section 529a.
17(11) A violation of subdivision (d) or (e) of Section 368.
18(d) If the defendant is out of the state when or after the offense
19is committed, the prosecution may be commenced as provided in
20Section 804 within the limitations of time prescribed by this
21chapter, and no time up to a maximum of three years during which
22the defendant is not within the state shall be a part of those
24(e) A limitation of time prescribed in this chapter does not
25commence to run until the offense has been discovered, or could
26have reasonably been discovered, with regard to offenses under
27Division 7 (commencing with Section 13000) of the Water Code,
28under Chapter 6.5 (commencing with Section 25100) of, Chapter
296.7 (commencing with Section 25280) of, or Chapter 6.8
30(commencing with Section 25300) of, Division 20 of, or Part 4
31(commencing with Section 41500) of Division 26 of, the Health
32and Safety Code, or under Section 386, or offenses under Chapter
335 (commencing with Section 2000) of Division 2 of, Chapter 9
34(commencing with Section 4000) of Division 2 of, Section 6126
35of, Chapter 10 (commencing with Section 7301) of Division 3 of,
36or Chapter 19.5 (commencing with Section 22440) of Division 8
37of, the Business and Professions Code.
38(f) (1) Notwithstanding any other limitation of time described
39in this chapter, a criminal complaint may be filed within one year
40of the date of a report to a California law enforcement agency by
P12 1a person of any age alleging that he or she, while under the age of
218 years, was the victim of a crime described in Section 261, 286,
3288, 288a, 288.5, or
begin delete 289.end delete
6(2) This subdivision applies only if all of the following occur:
7(A) The limitation period specified in Section 800, 801, or 801.1,
8whichever is later, has expired.
9(B) The crime involved substantial sexual conduct, as described
10in subdivision (b) of Section 1203.066, excluding masturbation
11that is not mutual.
12(C) There is independent evidence that corroborates the victim’s
13allegation. If the victim was 21 years of age or older at the time
14of the report, the independent evidence shall clearly and
15convincingly corroborate the victim’s allegation.
16(3) No evidence may be used to corroborate the victim’s
17allegation that otherwise would be inadmissible during trial.
18Independent evidence does not include the opinions of mental
20(4) (A) In a criminal investigation involving any of the crimes
21listed in paragraph (1) committed against a child, when the
22applicable limitations period has not expired, that period shall be
23tolled from the time a party initiates litigation challenging a grand
24jury subpoena until the end of the litigation, including any
25associated writ or appellate proceeding, or until the final disclosure
26of evidence to the investigating or prosecuting agency, if that
27disclosure is ordered pursuant to the subpoena after the litigation.
28(B) Nothing in this subdivision affects the definition or
29applicability of any evidentiary privilege.
30(C) This subdivision shall not apply where a court finds that the
31grand jury subpoena was issued or caused to be issued in bad faith.
32(g) (1) Notwithstanding any other limitation of time described
33in this chapter, a criminal complaint may be filed within one year
34of the date on which the identity of the suspect is conclusively
35established by DNA testing, if both of the following conditions
37(A) The crime is one that is described in subdivision (c) of
39(B) The offense was committed prior to January 1, 2001, and
40biological evidence collected in connection with the offense is
P13 1analyzed for DNA type no later than January 1, 2004, or the offense
2was committed on or after January 1, 2001, and biological evidence
3collected in connection with the offense is analyzed for DNA type
4no later than two years from the date of the offense.
purposes of this section, “DNA” means deoxyribonucleic
7(h) For any crime, the proof of which depends substantially
8upon evidence that was seized under a warrant, but which is
9unavailable to the prosecuting authority under the procedures
10described in People v. Superior Court (Laff) (2001) 25 Cal.4th
11703, People v. Superior Court (Bauman & Rose) (1995) 37
12Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
13claims of evidentiary privilege or attorney work product, the
14limitation of time prescribed in this chapter shall be tolled from
15the time of the seizure until final disclosure of the evidence to the
16prosecuting authority. Nothing in this section otherwise affects
17the definition or applicability of any evidentiary privilege or
18attorney work product.
19(i) Notwithstanding any other limitation of time described in
20this chapter, a criminal complaint may be filed within one year of
21the date on which a hidden recording is discovered related to a
22violation of paragraph (2) or (3) of subdivision (j) of Section 647.
23(j) Notwithstanding any other limitation of time described in
24this chapter, if a person flees the scene of an accident that caused
25death or permanent, serious injury, as defined in subdivision (d)
26of Section 20001 of the Vehicle Code, a criminal complaint brought
27pursuant to paragraph (2) of subdivision (b) of Section 20001 of
28the Vehicle Code may be filed within the applicable time period
29described in Section 801 or 802 or one year after the person is
30initially identified by law enforcement as a suspect in the
31commission of the offense, whichever is later, but in no case later
32than six years after the commission of the offense.
33(k) Notwithstanding any other limitation of time described in
34this chapter, a criminal complaint alleging a violation described
35in subdivision (l) of Section 502 may be filed within one year of
36the date on which the alleged violation is discovered.