BILL ANALYSIS Ó
AB 32
Page 1
ASSEMBLY THIRD READING
AB
32 (Waldron)
As Amended April 7, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
|----------------+------+-----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Gonzalez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
| | | | |
| | | | |
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SUMMARY: Increases specified fines related to computer crimes
from a maximum of $5,000, to a maximum of $10,000, and tolls the
statute of limitations for illegally acquiring digital images of a
person that display an intimate body part of a person.
Specifically, this bill:
1)Increases fines from a fine of up to $5,000 to a fine of up to
$10,000 for the following offenses:
a) Knowingly access and without permission alter, damage,
delete, destroy, or otherwise use any data, computer,
computer system, or computer network in order to either i)
devise or execute any scheme or artifice to defraud, deceive,
or extort, or ii) wrongfully control or obtain money,
property, or data.
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b) Knowingly access and without permission take, copy, or
make use of any data from a computer, computer system, or
computer network, or take or copy any supporting
documentation, whether existing or residing internal or
external to a computer, computer system, or computer network.
c) Knowingly and without permission use or cause to be used
computer services.
d) Knowingly access and without permission add, alter,
damage, delete, or destroy any data, computer software, or
computer programs which reside or exist internal or external
to a computer, computer system, or computer network.
e) Knowingly and without permission disrupt or cause the
disruption of computer services or deny or cause the denial
of computer services to an authorized user of a computer,
computer system, or computer network.
f) Second or subsequent violations of knowingly and without
permission provides or assists in providing a means of
accessing a computer, computer system, or computer network in
violation of this section.
g) Second or subsequent violations of knowingly and without
permission accessing or causing to be accessed any computer,
computer system, or computer network.
h) Knowingly introducing any computer contaminant into any
computer, computer system, or computer network.
i) Second or subsequent violations of knowingly and without
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permission using the Internet domain name or profile of
another individual, corporation, or entity in connection with
the sending of one or more electronic mail messages or posts
and thereby damaging or causing damage to a computer,
computer data, computer system, or computer network.
j) Knowingly and without permission disrupting or causing the
disruption of government computer services or denying or
causing the denial of government computer services to an
authorized user of a government computer, computer system, or
computer network.
aa) Knowingly access and without permission add, alter,
damage, delete, or destroy any data, computer software, or
computer programs which reside or exist internal or external
to a public safety infrastructure computer system computer,
computer system, or computer network.
bb) Knowingly and without permission disrupting or causing the
disruption of public safety infrastructure computer system
computer services or denying or causing the denial of
computer services to an authorized user of a public safety
infrastructure computer system computer, computer system, or
computer network.
cc) Second or subsequent violations of knowingly and without
permission providing or assisting in providing a means of
accessing a computer, computer system, or public safety
infrastructure computer system computer, computer system, or
computer network in violation of this section.
dd) Knowingly introducing any computer contaminant into any
public safety infrastructure computer system computer,
computer system, or computer network.
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2)Provides that the statute of limitations does not commence to
run until the discovery of specified computer hacking offenses
in which it is alleged that the defendant acquired, copied, or
distributed one or more digital images of a person that displays
an intimate body part of the person. Includes the following
definitions:
a) 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; and
b) Defines "digital images of a person" as not including
representational images, artwork, or cartoon drawings.
EXISTING LAW:
1)Punishes any person who knowingly and without permission uses or
causes to be used computer services as follows:
a) For the first violation that does not result in injury,
and where the value of the computer services used does not
exceed $950, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
b) For any violation that results in a victim expenditure in
an amount greater than $5,000 or in an injury, or if the
value of the computer services used exceeds $950, or for any
second or subsequent violation, by a fine not exceeding
$10,000, or by imprisonment for 16 months, or two or three
years, or by both that fine and imprisonment, or by a fine
not exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
2)Punishes any person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or computer network as follows:
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a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure in
an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure in
an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
3)Punishes any person who knowingly and without permission
accesses or causes to be accessed any computer, computer system,
or computer network as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure in
an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure in
an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
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4)Punishes any person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or public safety infrastructure
computer system computer, computer system, or computer network
as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure in
an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure in
an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
5)Punishes any person who knowingly introduces any computer
contaminant into any computer, computer system, or computer
network as follows:
a) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
b) For any violation that results in injury, or for a second
or subsequent violation, by a fine not exceeding $10,000, or
by imprisonment in a county jail not exceeding one year, or
by imprisonment, or by both that fine and imprisonment.
6)Punishes any person who knowingly introduces any computer
contaminant into any public safety infrastructure computer
system computer, computer system, or computer network as
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follows:
a) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
b) For any violation that results in injury, or for a second
or subsequent violation, by a fine not exceeding $10,000, or
by imprisonment in a county jail not exceeding one year, or
by imprisonment, or by both that fine and imprisonment.
7)Punishes any person who knowingly and without permission uses
the Internet domain name or profile of another individual,
corporation, or entity in connection with the sending of one or
more electronic mail messages or posts and thereby damages or
causes damage to a computer, computer data, computer system, or
computer network.
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in injury, or for a second
or subsequent violation, by a fine not exceeding $5,000, or
by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "Cyber criminals compromise
personal information for individual gain or to merely cause a
disruption. This year, The California Department of Motor
Vehicles computer system was hacked causing a data security breach
in its credit card processing services. Existing fines are just a
small sum compared to the dollar who have been violated. Ordinary
computer hacking penalties do not sufficiently capture the
emotional trauma and hardship that such data breach can cause. AB
32 will make crimes involving computer hacking punishable by up to
$10,000 for misdemeanor offenses. It is important to keep up with
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the new emerging computer crimes to make sure that the violators
do not go unpunished and to prevent future crimes in such
circumstances."
Analysis Prepared by: Gabriel Caswell /
PUB. S. / (916) 319-3744 FN:
0000111