California Legislature—2015–16 Regular Session

Assembly Bill No. 1877

Introduced by Assembly Member Linder

(Principal coauthor: Assembly Member Mathis)

February 10, 2016

An act to amend Section 314 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1877, as introduced, Linder. Lewd or obscene conduct.

Existing law provides that any person who exposes his or her person, or the private parts thereof, in a public place or in any place where there are present other persons to be offended or annoyed by that act is guilty of a misdemeanor, except as specified. A 2nd or subsequent conviction of that act, or a first conviction of that act after a prior conviction for a specified lewd or lascivious act, is a felony punishable by imprisonment in the state prison.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 314 of the Penal Code is amended to
read:

314.  

begin insert (a) end insert begin insert   end insert Every person begin delete who end delete begin insert who, end insert willfully and lewdly, begin delete either: end delete
begin delete end delete
begin insert does either of the following is guilty of a misdemeanor: end insert

begin delete

end delete begin delete

 
1.

end delete

begin insert (1) end insert  Exposes his person, or the private parts thereof, in any public
place, or in any place where there are present other persons to be
offended or annoyed begin delete thereby; or, end delete begin insert thereby. end insert

begin delete

end delete begin delete

 
2.

end delete

begin insert (2) end insert  Procures, counsels, or assists any person so to expose himself
or take part in any model artist exhibition, or to make any other
exhibition of himself to public view, or the view of any number
of persons, such as is offensive to decency, or is adapted to excite
to vicious or lewd thoughts or begin delete acts, end delete begin insert acts. end insert

begin delete

end delete begin delete

is guilty of a misdemeanor.

end delete begin delete

Every

end delete

begin insert (b) end insert begin insert   end insert begin insert Every end insert person who violates begin delete subdivision 1 of this section end delete
begin insert paragraph (1) of subdivision (a) end insert after having entered, without
consent, an inhabited dwelling house, or trailer coach as defined
in Section 635 of the Vehicle Code, or the inhabited portion of
any other building, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year.

begin delete

Upon the second and each

end delete

begin insert (c) end insert begin insert   end insert begin insert A second or end insert subsequent conviction under begin delete subdivision 1 of
this section, end delete begin insert paragraph (1) of subdivision (a), end insert or begin delete upon end delete a first
conviction under begin delete subdivision 1 of this section end delete begin insert paragraph (1) of
subdivision (a) end insert after a previous conviction under Section 288,
begin delete every person so convicted is guilty of a felony, and end delete is punishable
begin insert as a felony end insert by imprisonment in state prison.