Amended in Assembly March 15, 2016

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 amended, 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.

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

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This bill would instead make a first conviction of exposing oneself when it occurs in state prison or a county jail punishable as a felony in the state prison, and make a first conviction of that act after a prior conviction requiring registration as a sex offender punishable as a felony in the state prison. Because this bill would increase the penalties for an existing crime, it would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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(1)

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begin insert 1. end insert  Exposes his begin insert or her end insert 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. end delete begin insert thereby; or, end insert

begin delete

(2)

end delete

begin insert 2. end insert  Procures, counsels, or assists any person so to expose himself
begin insert or herself end insert or take part in any model artist exhibition, or to make
any other exhibition of himself begin insert or herself end insert 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, is
guilty of a misdemeanor. end insert

begin delete

(b) Every

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begin insert Every end insert person who violates begin delete paragraph (1) of subdivision (a) end delete
begin insert subdivision 1 of this section 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
begin delete the end delete begin insert a end insert county jail not exceeding one year.

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(c) A

end delete

begin insert A end insert second or subsequent conviction under begin delete paragraph (1) of
subdivision (a), end delete begin insert subdivision 1 of this section, end insert or a first conviction
under begin delete paragraph (1) of subdivision (a) end delete begin insert subdivision 1 of this section end insert
after a previous conviction begin delete under Section 288, end delete begin insert requiring
registration pursuant to subdivision (c) of Section 290, or a first
conviction under subdivision 1 of this section when the offense
occurs in state prison or a county jail, end insert is punishable as a felony
by imprisonment in state prison.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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