AB 1241, as amended, Calderon. Crimes: audiovisual work: recording.
Existing law makes it a crime for a person to, for commercial advantage or private financial gain, knowingly advertise or offer for sale or resale, or sell or resell, or cause the rental, sale, or resale of, or rent, or manufacturer, or possess for these purposes, any recording or audiovisual work, the outside cover, box, jacket, or label of which does not clearly and conspicuously disclose the actual true name and address of the manufacturer of the recording or audiovisual work and the name of the actual author, artist, performer, producer, programmer, or group.begin insert Existing law provides different punishments for different violations of these provisions and provides that the punishment for a first offense for certain violations of these provisions is imprisonment in a county jail not to exceed one year, or a fine not to exceed $50,000, or both that fine and imprisonment. Existing law provides that the punishment for a 2end insertbegin insertnd or subsequent offense for those same violations is imprisonment in a county jail not to exceed one year, or imprisonment for a felony, or by a fine not to exceed $200,000, or by both that fine and imprisonment.end insert
This billbegin insert would provide that the punishment for a 2nd or subsequent offense for those certain violations would be imprisonment in a county jail not to exceed one year, or imprisonment for a felony, or by a fine of not less than $1,000, but not to exceed $200,000, or by both that fine and imprisonment. The billend insert wouldbegin insert alsoend insert make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 653w of the Penal Code is amended to
2read:
(a) (1) A person is guilty of failure to disclose the origin
4of a recording or audiovisual work if, for commercial advantage
5or private financial gain, he or she knowingly advertises or offers
6for sale or resale, or sells or resells, or causes the rental, sale, or
7resale of, or rents, or manufactures, or possesses for these purposes,
8any recording or audiovisual work, the outside cover, box, jacket,
9or label of which does not clearly and conspicuously disclose the
10actual true name and address of the manufacturer thereof and the
11name of the actual author, artist, performer, producer, programmer,
12or group thereon. This section does not require the original
13manufacturer or authorized licensees of software producers to
14disclose the contributing authors or programmers.
15(2) As used in this section, “recording” means any tangible
16medium upon which information or sounds are recorded or
17otherwise stored, including, but not limited to, any phonograph
18record, disc, tape, audio cassette, wire, film, memory card, flash
19drive, hard drive, data storage device, or other medium on which
20information or sounds are recorded or otherwise stored, but does
21not include sounds accompanying a motion picture or other
22audiovisual work.
23(3) As used in this section, “audiovisual works” are the physical
24embodiment of works that consist of related images that are
25intrinsically intended to be shown using machines or devices, such
26as projectors, viewers, or electronic equipment, together with
27accompanying sounds, if any, regardless of the nature of the
28material objects, such as films, tapes, discs, memory cards, flash
29drives, hard drives, data storage devices, or other devices,
on which
30the works are embodied.
P3 1(b) A person who has been convicted of a violation of
2subdivision (a) shall be punished as follows:
3(1) If the offense involves the advertisement, offer for sale or
4resale, sale, rental, manufacture, or possession for these purposes,
5of at least 100 articles of audio recordings or 100 articles of
6audiovisual works described in subdivision (a), or the commercial
7equivalent thereof, the person shall be punished by imprisonment
8in a county jail not to exceed one year, or by imprisonment
9pursuant to subdivision (h) of Section 1170 for two, three, or five
10years, or by a fine not to exceed five hundred thousand dollars
11($500,000), or by both that fine and imprisonment.
12(2) Any other violation of subdivision (a) not described in
13paragraph (1) shall, upon a first offense, be punished by
14
imprisonment in a county jail not to exceed one year, or by a fine
15not to exceed fifty thousand dollars ($50,000), or by both that fine
16and imprisonment.
17(3) A second or subsequent conviction under subdivision (a)
18not described in paragraph (1) shall be punished by imprisonment
19in a county jail not to exceed one year or pursuant to subdivision
20(h) of Section 1170, or by a finebegin insert of not less than one thousand
21dollars (1,000), butend insert not to exceed two hundred thousand dollars
22($200,000), or by both that fine and imprisonment.
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