BILL ANALYSIS Ó
AB 2199
Page 1
ASSEMBLY THIRD READING
AB
2199 (Campos)
As Amended April 25, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Melendez, Lackey, |Jones-Sawyer, Quirk |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |19-1 |Gonzalez, Bigelow, |Quirk |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Specifies that persons who commit specified sex
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offenses involving minors shall be subject to an additional
two-year sentence enhancement if the offender is a person in a
"position of authority" over the victim, as specified.
Specifically, this bill:
1)Defines an offender in a "position of authority" over a victim
as "a person, by reason of that position, is able to exercise
undue influence over a minor." A position of authority
includes, but is not limited to, a stepparent, foster parent,
partner of the parent, caretaker, youth leader, recreational
director, athletic manager, coach, teacher, counselor,
therapist, religious leader, doctor, employer, or employee of
one of the aforementioned persons.
2)Provides that any person who is found guilty of felony
statutory rape (when the adult is 21 years of age or older,
and the minor is under 16 years of age) who holds a "position
of authority" over the minor is subject to an additional term
of two-years.
3)Provides that any person who is found guilty of the following
acts who holds a "position of authority" over the victim is
subject to an additional term of two-years in state prison if
convicted of the felony offense in lieu of the alternate
misdemeanor offense (when the offenses are alternate
felony/misdemeanor "wobblers"):
a) Sexual penetration (when the adult is 21 years of age or
older, and the minor is under 16 years of age)
b) Sodomy (when the adult is 21 years of age or older, and
the minor is under 16 years of age).
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c) Lewd acts (with a 14-15 year old when the adult is 10
years older or more).
d) Oral copulation (when the adult is 21 years of age or
older, and the minor is under 16 years of age).
EXISTING LAW:
1)Specifies that "unlawful sexual intercourse" is an act of
sexual intercourse accomplished with a person who is not the
spouse of the perpetrator, if the person is a minor. For the
purposes of this section, a "minor" is a person under the age
of 18 years and an "adult" is a person who is at least 18
years of age.
a) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years
older or three years younger than the perpetrator, is
guilty of a misdemeanor.
b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years
younger than the perpetrator is guilty of either a
misdemeanor or a felony, and shall be punished by
imprisonment in a county jail not exceeding one year, or by
imprisonment for 16 months, two, or three years in the
county jail for a violation of the felony provision.
c) Any person 21 years of age or older who engages in an
act of unlawful sexual intercourse with a minor who is
under 16 years of age is guilty of either a misdemeanor or
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a felony, and shall be punished by imprisonment in a county
jail not exceeding one year, or by imprisonment in county
jail for two, three, or four years.
2)Provides that any person who willfully and lewdly commits any
lewd or lascivious act, including any of the acts constituting
other crimes as provided, upon or with the body, or any part
or member thereof, of a child who is under the age of 14
years, with the intent of arousing, appealing to, or
gratifying the lust, passions, or sexual desires of that
person or the child, is guilty of a felony and shall be
punished by imprisonment in the state prison for three, six,
or eight years. (Pen. Code § 288, subd. (a).) Any person
convicted shall be imprisoned in the state prison for life
with the possibility of parole if the defendant personally
inflicted bodily harm upon the victim. The penalty provided
in this subdivision shall only apply if the fact that the
defendant personally inflicted bodily harm upon the victim is
pled and proved. As used in this subdivision, "bodily harm"
means any substantial physical injury resulting from the use
of force that is more than the force necessary to commit the
offense.
a) States that any person who commits these acts by use of
force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person, is
guilty of a felony and shall be punished by imprisonment in
the state prison for 5, 8, or 10 years.
b) Provides that any person who is a caretaker and commits
these acts upon a dependent person by use of force,
violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person, with the
intent described in is guilty of a felony and shall be
punished by imprisonment in the state prison for 5, 8, or
10 years.
c) Provides that any person who commits a lewd or
lascivious act with the intent described, and the victim is
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a child of 14 or 15 years, and that person is at least 10
years older than the child, is guilty of a public offense
and shall be punished by imprisonment in the state prison
for one, two, or three years, or by imprisonment in a
county jail for not more than one year. In determining
whether the person is at least 10 years older than the
child, the difference in age shall be measured from the
birth date of the person to the birth date of the child.
d) States that any person who is a caretaker and a lewd or
lascivious act with the intent described upon a dependent
person, is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three
years, or by imprisonment in a county jail for not more
than one year.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, significant fiscal impact to the Department of
Corrections and Rehabilitation (CDCR). According the CDCR
statistics, there were almost 100 persons serving prison time
for the crimes cited that would add two years in state prison;
if 20% of these individuals were in a "position of authority,"
CDCR's cost would be approximately $580,000 General Fund(GF) the
first year and $1.16 million (GF) the second year, and every
year thereafter.
Moderate, nonreimbursable costs for the additional two years of
incarceration, for those terms served in county jail.
COMMENTS: According to the author, "Statutory rape cases are
often misconceived as a consensual relationship between an adult
and a minor. The perpetrator often has great influence over his
or victim; this is especially true when the offender is in a
position of authority, particularly a coach or a teacher. And
although the victims may deny harm, researchers argue that many
of these youth often have delayed reactions and later come to
realize the inherent power difference in the relationship.
These situations can lead to negative effects for the victims.
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This includes an increased risk for unintended pregnancies,
contraction of sexually transmitted infections, delinquency, and
long-term psychological effects among adolescents.
"People in a position of authority know their victims ages as
well as their vulnerability. Therefore, when perpetrators are
in a position of authority, they should be punished accordingly.
AB 2199 would assist in this effort by providing prosecutors
the discretion of a sentence enhancement for adults charged with
felony statutory rape."
Analysis Prepared by:
Gabriel Caswell/ PUB. S. / (916) 319-3744 FN:
0003360