BILL NUMBER: AB 1877	INTRODUCED
	BILL TEXT


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.   (a)    Every person  who
  who,  willfully and lewdly,  either:

 does either of the following is guilty of a misdemeanor: 

 
     1. 
    (1)  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  thereby; or, 
 thereby.  
 
     2. 
    (2)  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  acts, 
 acts.  
is guilty of a misdemeanor.  
   Every 
    (b)     Every  person who violates
 subdivision 1 of this section   paragraph (1)
of subdivision (a)  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. 
   Upon the second and each 
    (c)     A second or  subsequent
conviction under  subdivision 1 of this section, 
 paragraph (1) of subdivision (a),  or  upon
 a first conviction under  subdivision 1 of this
section   paragraph (1) of subdivision (a)  after a
previous conviction under Section 288,  every person so
convicted is guilty of a felony, and  is punishable  as
a felony  by imprisonment in state prison.