AB 195, as amended, Chau. Unauthorized access to computer systems.
Existing law establishes various crimes related to computer services and systems. Existing law makes it a crime to knowingly, and without permission, access, cause to be accessed, or provide or assist in providing a means of accessing, a computer, computer system, computer network, or computer data in violation of prescribed provisions, and defines related terms.
Existing law makes it a crime for a person, with the intent that the crime be committed, to solicit another to commit or join in the commission of prescribed crimes.
This bill would expand these provisions to make it a crime for a person, with the intent that the crime be committed, to solicit another to commit or join in the commission of the access crimes related to computer services and systems. The bill would make it a crime to offer to obtain or procure assistance for another to obtain unauthorized access, or to assist others in locating hacking services, as defined. The bill would make a violation of this provision punishable by imprisonment in a county jail for a term not to exceed 6 months, or imprisonment for a term not to exceed one year for subsequent violations.
By expanding thebegin delete definitionsend deletebegin insert scopeend insert of existing crimes, 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 653f of the Penal Code is amended to
2read:
(a) Every person who, with the intent that the crime be
4committed, solicits another to offer, accept, or join in the offer or
5acceptance of a bribe, or to commit or join in the commission of
6carjacking, robbery, burglary, grand theft, receiving stolen property,
7extortion, perjury, subornation of perjury, forgery, kidnapping,
8arson or assault with a deadly weapon or instrument or by means
9of force likely to produce great bodily injury, or, by the use of
10force or a threat of force, to prevent or dissuade any person who
11is or may become a witness from attending upon, or testifying at,
12any trial, proceeding, or inquiry authorized by law, shall be
13punished by imprisonment in a county jail for not more than one
14year or pursuant to subdivision (h) of
Section 1170, or by a fine
15of not more than ten thousand dollars ($10,000), or the amount
16which could have been assessed for commission of the offense
17itself, whichever is greater, or by both the fine and imprisonment.
18(b) Every person who, with the intent that the crime be
19committed, solicits another to commit or join in the commission
20of murder shall be punished by imprisonment in the state prison
21for three, six, or nine years.
22(c) Every person who, with the intent that the crime be
23committed, solicits another to commit rape by force or violence,
24sodomy by force or violence, oral copulation by force or violence,
25or any violation of Section 264.1, 288, or 289, shall be punished
26by imprisonment in the state prison for two, three, or four years.
P3 1(d) (1) Every person who, with the intent that the crime be
2committed, solicits another to commit an offense specified in
3Section 11352, 11379, 11379.5, 11379.6, or 11391 of the Health
4and Safety Code shall be punished by imprisonment in a county
5jail not exceeding six months. Every person who, having been
6convicted of soliciting another to commit an offense specified in
7this subdivision, is subsequently convicted of the proscribed
8solicitation, shall be punished by imprisonment in a county jail
9not exceeding one year, or pursuant to subdivision (h) of Section
101170.
11(2) This subdivision does not apply where the term of
12imprisonment imposed under other provisions of law would result
13in a longer term of imprisonment.
14(e) Every person who, with the intent that the crime be
15committed, solicits another to commit an offense specified in
16Section 14014 of the Welfare and Institutions Code shall be
17punished by imprisonment in a county jail for not exceeding six
18months. Every person who, having been convicted of soliciting
19another to commit an offense specified in this subdivision, is
20subsequently convicted of the proscribed solicitation, shall be
21punished by imprisonment in a county jail not exceeding one year,
22or pursuant to subdivision (h) of Section 1170.
23(f) (1) Every person who, with the intent that the crime be
24committed, solicits another to commit an offense set forth in
25Section 502 shall be punished as set forth in paragraph (3).
26(2) Every person who, with the
intent that the crime be
27committed, offers to solicit assistance for another to conduct
28activities in violation of Section 502 shall be punished as set forth
29in paragraph (3). This includes persons operating Internet Web
30sites that offer to assist others in locating hacking services. For the
31purposes of this section “hacking services” means assistance in
32the unauthorized access to computers, computer systems, or data
33in violation of Section 502.
34(3) Every person who violates this subdivision shall be punished
35by imprisonment in a county jail for a period not to exceed six
36months. Every subsequent violation of this subdivision by that
37same person shall be punished by imprisonment in a county jail
38not exceeding one year.
39(g) An offense charged in violation of subdivision
(a), (b), or
40(c) shall be proven by the testimony of two witnesses, or of one
P4 1witness and corroborating circumstances. An offense charged in
2violation of subdivision (d), (e), or (f) shall be proven by the
3testimony of one witness and corroborating circumstances.
4(h) Nothing in this section precludes prosecution under any
5other law that provides for a greater punishment.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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