Amended in Senate March 17, 2015

Senate BillNo. 30


Introduced by Senator Gaines

December 1, 2014


An act tobegin delete add Section 1708.5.5 to the Civil Code,end deletebegin insert amend Section 502 of, and to add Sections 487k and 487l to, the Penal Code,end insert relating tobegin delete civil actions.end deletebegin insert theft.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 30, as amended, Gaines. begin deleteNonconsensual sexual intercourse: minors. end deletebegin insertTheft: vehicles.end insert

begin insert

Under existing law, every person who feloniously steals, takes, carries, leads, or drives away the personal property of another, or who fraudulently appropriates the property which has been entrusted to him or her, among other things, is guilty of theft. Under existing law, grand theft is generally theft committed when the money, labor, or real or personal property taken is of a value exceeding $950, or when certain kinds of property are taken. Under existing law, grand theft is punishable either as a felony or a misdemeanor. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.

end insert
begin insert

This bill would make a person who steals, takes, or carries away a motorized vehicle with a value exceeding $950 by commandeering the vehicle through access of the vehicle’s operating system, as specified, without the consent of the owner or operator of the vehicle guilty of the felony of grand theft, and punishable by imprisonment in the state prison for 3 years. This bill would make a person who steals, takes, or carries away in the same manner a motorized vehicle with a value not exceeding $950 guilty of petty theft, punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or both. This bill would make a conforming change to a related provision.

end insert
begin insert

By expanding the scope of a crime, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

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

end insert
begin delete

Under existing criminal law, 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 under 18 years of age. Existing civil law makes a person who commits a sexual battery, as defined, upon another liable to that person for damages and authorizes a court to award equitable relief, as specified.

end delete
begin delete

This bill would, under civil law, define nonconsensual sexual intercourse as an act of sexual intercourse between an adult and a person who is not the spouse of the adult, if the person is under 18 years of age.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 487k is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert487k.end insert  

(a) A person who steals, takes, or carries away the
3vehicle of another that is of a value exceeding nine hundred fifty
4dollars ($950) by remotely commandeering the vehicle through
5access of a vehicle operating system without the consent of the
6owner or operator of the vehicle is guilty of the felony of grand
7theft, and is punishable by imprisonment in the state prison for 3
8years.

9(b) For the purposes of this section, the term “vehicle” is limited
10to motorized vehicles.

P3    1(c) For the purposes of this section, the term “vehicle operating
2system” means a device or collection of devices, including support
3devices, installed in a vehicle, one or more of which contain
4computer programs, electronic instructions, input data, and output
5data, that performs functions including, but not limited to, logic,
6arithmetic, data storage and retrieval, communication, and control
7of the vehicle’s steering, propulsion, braking, onboard navigation,
8or global positioning systems.

9(d) For the purposes of this section, the term “access” includes
10transmission of navigational data that causes the operator or
11vehicle operating system in immediate control of the vehicle to
12alter the vehicle’s path or course of travel.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 487l is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
14

begin insert487l.end insert  

(a) A person who steals, takes, or carries away the
15vehicle of another that is of a value not exceeding nine hundred
16fifty dollars ($950) by remotely commandeering the vehicle through
17access of a vehicle operating system without the consent of the
18owner or operator of the vehicle is guilty of petty theft.

19(b) For the purposes of this section, the term “vehicle” is limited
20to motorized vehicles.

21(c) For the purposes of this section, the term “vehicle operating
22system” means a device or collection of devices, including support
23devices, installed in a vehicle, one or more of which contain
24computer programs, electronic instructions, input data, and output
25data, that performs functions including, but not limited to, logic,
26arithmetic, data storage and retrieval, communication, and control
27of the vehicle’s steering, propulsion, braking, onboard navigation,
28or global positioning systems.

29(d) For the purposes of this section, the term “access” includes
30transmission of navigational data that causes the operator or
31vehicle operating system in immediate control of the vehicle to
32alter the vehicle’s path or course of travel.

end insert
33begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 502 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

34

502.  

(a) It is the intent of the Legislature in enacting this
35section to expand the degree of protection afforded to individuals,
36businesses, and governmental agencies from tampering,
37interference, damage, and unauthorized access to lawfully created
38computer data and computer systems. The Legislature finds and
39declares that the proliferation of computer technology has resulted
40in a concomitant proliferation of computer crime and other forms
P4    1of unauthorized access to computers, computer systems, and
2computer data.

3The Legislature further finds and declares that protection of the
4integrity of all types and forms of lawfully created computers,
5computer systems, and computer data is vital to the protection of
6the privacy of individuals as well as to the well-being of financial
7institutions, business concerns, governmental agencies, and others
8within this state that lawfully utilize those computers, computer
9systems, and data.

10(b) For the purposes of this section, the following terms have
11the following meanings:

12(1) “Access” means to gain entry to, instruct, cause input to,
13cause output from, cause data processing with, or communicate
14with, the logical, arithmetical, or memory function resources of a
15computer, computer system, or computer network.

16(2) “Computer network” means any system that provides
17communications between one or more computer systems and
18input/output devices including, but not limited to, display terminals,
19remote systems, mobile devices, and printers connected by
20telecommunication facilities.

21(3) “Computer program or software” means a set of instructions
22or statements, and related data, that when executed in actual or
23modified form, cause a computer, computer system, or computer
24network to perform specified functions.

25(4) “Computer services” includes, but is not limited to, computer
26time, data processing, or storage functions, Internet services,
27electronic mail services, electronic message services, or other uses
28of a computer, computer system, or computer network.

29(5) “Computer system” means a device or collection of devices,
30including support devices and excluding calculators that are not
31programmable and capable of being used in conjunction with
32external files, one or more of which contain computer programs,
33electronic instructions, input data, and output data, that performs
34functions including, but not limited to, logic, arithmetic, data
35storage and retrieval, communication, and control.begin insert A computer
36system includes a vehicle operating system as that term is defined
37in subdivision (c) of Section 487k.end insert

38(6) “Government computer system” means any computer system,
39or part thereof, that is owned, operated, or used by any federal,
40state, or local governmental entity.

P5    1(7) “Public safety infrastructure computer system” means any
2computer system, or part thereof, that is necessary for the health
3and safety of the public including computer systems owned,
4operated, or used by drinking water and wastewater treatment
5facilities, hospitals, emergency service providers,
6telecommunication companies, and gas and electric utility
7companies.

8(8) “Data” means a representation of information, knowledge,
9facts, concepts, computer software, computer programs or
10instructions. Data may be in any form, in storage media, or as
11stored in the memory of the computer or in transit or presented on
12a display device.

13(9) “Supporting documentation” includes, but is not limited to,
14all information, in any form, pertaining to the design, construction,
15classification, implementation, use, or modification of a computer,
16computer system, computer network, computer program, or
17computer software, which information is not generally available
18to the public and is necessary for the operation of a computer,
19computer system, computer network, computer program, or
20computer software.

21(10) “Injury” means any alteration, deletion, damage, or
22destruction of a computer system, computer network, computer
23program, or data caused by the access, or the denial of access to
24legitimate users of a computer system, network, or program.

25(11) “Victim expenditure” means any expenditure reasonably
26and necessarily incurred by the owner or lessee to verify that a
27computer system, computer network, computer program, or data
28was or was not altered, deleted, damaged, or destroyed by the
29access.

30(12) “Computer contaminant” means any set of computer
31instructions that are designed to modify, damage, destroy, record,
32or transmit information within a computer, computer system, or
33computer network without the intent or permission of the owner
34of the information. They include, but are not limited to, a group
35of computer instructions commonly called viruses or worms, that
36are self-replicating or self-propagating and are designed to
37contaminate other computer programs or computer data, consume
38computer resources, modify, destroy, record, or transmit data, or
39in some other fashion usurp the normal operation of the computer,
40computer system, or computer network.

P6    1(13) “Internet domain name” means a globally unique,
2hierarchical reference to an Internet host or service, assigned
3through centralized Internet naming authorities, comprising a series
4of character strings separated by periods, with the rightmost
5character string specifying the top of the hierarchy.

6(14) “Electronic mail” means an electronic message or computer
7file that is transmitted between two or more telecommunications
8devices; computers; computer networks, regardless of whether the
9network is a local, regional, or global network; or electronic devices
10capable or receiving electronic messages, regardless of whether
11the message is converted to hard copy format after receipt, viewed
12upon transmission, or stored for later retrieval.

13(15) “Profile” means either of the following:

14(A) A configuration of user data required by a computer so that
15the user may access programs or services and have the desired
16functionality on that computer.

17(B) An Internet Web site user’s personal page or section of a
18page that is made up of data, in text of graphical form, that displays
19significant, unique, or identifying information, including, but not
20limited to, listing acquaintances, interests, associations, activities,
21or personal statements.

22(c) Except as provided in subdivision (h), any person who
23commits any of the following acts is guilty of a public offense:

24(1) Knowingly accesses and without permission alters, damages,
25deletes, destroys, or otherwise uses any data, computer, computer
26system, or computer network in order to either (A) devise or
27execute any scheme or artifice to defraud, deceive, or extort, or
28(B) wrongfully control or obtain money, property, or data.

29(2) Knowingly accesses and without permission takes, copies,
30or makes use of any data from a computer, computer system, or
31computer network, or takes or copies any supporting
32documentation, whether existing or residing internal or external
33to a computer, computer system, or computer network.

34(3) Knowingly and without permission uses or causes to be used
35computer services.

36(4) Knowingly accesses and without permission adds, alters,
37damages, deletes, or destroys any data, computer software, or
38computer programs which reside or exist internal or external to a
39computer, computer system, or computer network.

P7    1(5) Knowingly and without permission disrupts or causes the
2disruption of computer services or denies or causes the denial of
3computer services to an authorized user of a computer, computer
4system, or computer network.

5(6) Knowingly and without permission provides or assists in
6providing a means of accessing a computer, computer system, or
7computer network in violation of this section.

8(7) Knowingly and without permission accesses or causes to be
9accessed any computer, computer system, or computer network.

10(8) Knowingly introduces any computer contaminant into any
11computer, computer system, or computer network.

12(9) Knowingly and without permission uses the Internet domain
13name or profile of another individual, corporation, or entity in
14connection with the sending of one or more electronic mail
15messages or posts and thereby damages or causes damage to a
16computer, computer data, computer system, or computer network.

17(10) Knowingly and without permission disrupts or causes the
18disruption of government computer services or denies or causes
19the denial of government computer services to an authorized user
20of a government computer, computer system, or computer network.

21(11) Knowingly accesses and without permission adds, alters,
22damages, deletes, or destroys any data, computer software, or
23computer programs which reside or exist internal or external to a
24public safety infrastructure computer system computer, computer
25system, or computer network.

26(12) Knowingly and without permission disrupts or causes the
27disruption of public safety infrastructure computer system computer
28services or denies or causes the denial of computer services to an
29authorized user of a public safety infrastructure computer system
30computer, computer system, or computer network.

31(13) Knowingly and without permission provides or assists in
32providing a means of accessing a computer, computer system, or
33public safety infrastructure computer system computer, computer
34system, or computer network in violation of this section.

35(14) Knowingly introduces any computer contaminant into any
36public safety infrastructure computer system computer, computer
37system, or computer network.

38(d) (1) Any person who violates any of the provisions of
39paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is
40punishable by a fine not exceeding ten thousand dollars ($10,000),
P8    1or by imprisonment pursuant to subdivision (h) of Section 1170
2for 16 months, or two or three years, or by both that fine and
3imprisonment, or by a fine not exceeding five thousand dollars
4($5,000), or by imprisonment in a county jail not exceeding one
5year, or by both that fine and imprisonment.

6(2) Any person who violates paragraph (3) of subdivision (c)
7is punishable as follows:

8(A) For the first violation that does not result in injury, and
9where the value of the computer services used does not exceed
10nine hundred fifty dollars ($950), by a fine not exceeding five
11thousand dollars ($5,000), or by imprisonment in a county jail not
12exceeding one year, or by both that fine and imprisonment.

13(B) For any violation that results in a victim expenditure in an
14amount greater than five thousand dollars ($5,000) or in an injury,
15or if the value of the computer services used exceeds nine hundred
16fifty dollars ($950), or for any second or subsequent violation, by
17a fine not exceeding ten thousand dollars ($10,000), or by
18imprisonment pursuant to subdivision (h) of Section 1170 for 16
19months, or two or three years, or by both that fine and
20imprisonment, or by a fine not exceeding five thousand dollars
21($5,000), or by imprisonment in a county jail not exceeding one
22year, or by both that fine and imprisonment.

23(3) Any person who violates paragraph (6), (7), or (13) of
24subdivision (c) is punishable as follows:

25(A) For a first violation that does not result in injury, an
26infraction punishable by a fine not exceeding one thousand dollars
27($1,000).

28(B) For any violation that results in a victim expenditure in an
29amount not greater than five thousand dollars ($5,000), or for a
30 second or subsequent violation, by a fine not exceeding five
31thousand dollars ($5,000), or by imprisonment in a county jail not
32exceeding one year, or by both that fine and imprisonment.

33(C) For any violation that results in a victim expenditure in an
34amount greater than five thousand dollars ($5,000), by a fine not
35exceeding ten thousand dollars ($10,000), or by imprisonment
36pursuant to subdivision (h) of Section 1170 for 16 months, or two
37or three years, or by both that fine and imprisonment, or by a fine
38not exceeding five thousand dollars ($5,000), or by imprisonment
39in a county jail not exceeding one year, or by both that fine and
40imprisonment.

P9    1(4) Any person who violates paragraph (8) or (14) of subdivision
2(c) is punishable as follows:

3(A) For a first violation that does not result in injury, a
4misdemeanor punishable by a fine not exceeding five thousand
5dollars ($5,000), or by imprisonment in a county jail not exceeding
6one year, or by both that fine and imprisonment.

7(B) For any violation that results in injury, or for a second or
8subsequent violation, by a fine not exceeding ten thousand dollars
9($10,000), or by imprisonment in a county jail not exceeding one
10year, or by imprisonment pursuant to subdivision (h) of Section
111170, or by both that fine and imprisonment.

12(5) Any person who violates paragraph (9) of subdivision (c)
13is punishable as follows:

14(A) For a first violation that does not result in injury, an
15infraction punishable by a fine not exceeding one thousand dollars
16($1,000).

17(B) For any violation that results in injury, or for a second or
18 subsequent violation, by a fine not exceeding five thousand dollars
19($5,000), or by imprisonment in a county jail not exceeding one
20year, or by both that fine and imprisonment.

21(e) (1) In addition to any other civil remedy available, the owner
22or lessee of the computer, computer system, computer network,
23computer program, or data who suffers damage or loss by reason
24of a violation of any of the provisions of subdivision (c) may bring
25a civil action against the violator for compensatory damages and
26injunctive relief or other equitable relief. Compensatory damages
27shall include any expenditure reasonably and necessarily incurred
28by the owner or lessee to verify that a computer system, computer
29network, computer program, or data was or was not altered,
30damaged, or deleted by the access. For the purposes of actions
31authorized by this subdivision, the conduct of an unemancipated
32minor shall be imputed to the parent or legal guardian having
33control or custody of the minor, pursuant to the provisions of
34Section 1714.1 of the Civil Code.

35(2) In any action brought pursuant to this subdivision the court
36may award reasonable attorney’s fees.

37(3) A community college, state university, or academic
38institution accredited in this state is required to include
39computer-related crimes as a specific violation of college or
40university student conduct policies and regulations that may subject
P10   1a student to disciplinary sanctions up to and including dismissal
2from the academic institution. This paragraph shall not apply to
3the University of California unless the Board of Regents adopts a
4resolution to that effect.

5(4) In any action brought pursuant to this subdivision for a
6willful violation of the provisions of subdivision (c), where it is
7proved by clear and convincing evidence that a defendant has been
8guilty of oppression, fraud, or malice as defined in subdivision (c)
9of Section 3294 of the Civil Code, the court may additionally award
10punitive or exemplary damages.

11(5) No action may be brought pursuant to this subdivision unless
12it is initiated within three years of the date of the act complained
13of, or the date of the discovery of the damage, whichever is later.

14(f) This section shall not be construed to preclude the
15applicability of any other provision of the criminal law of this state
16which applies or may apply to any transaction, nor shall it make
17illegal any employee labor relations activities that are within the
18scope and protection of state or federal labor laws.

19(g) Any computer, computer system, computer network, or any
20software or data, owned by the defendant, that is used during the
21commission of any public offense described in subdivision (c) or
22any computer, owned by the defendant, which is used as a
23repository for the storage of software or data illegally obtained in
24violation of subdivision (c) shall be subject to forfeiture, as
25specified in Section 502.01.

26(h) (1) Subdivision (c) does not apply to punish any acts which
27are committed by a person within the scope of his or her lawful
28employment. For purposes of this section, a person acts within the
29scope of his or her employment when he or she performs acts
30which are reasonably necessary to the performance of his or her
31work assignment.

32(2) Paragraph (3) of subdivision (c) does not apply to penalize
33any acts committed by a person acting outside of his or her lawful
34employment, provided that the employee’s activities do not cause
35an injury, to the employer or another, or provided that the value
36of supplies or computer services which are used does not exceed
37an accumulated total of two hundred fifty dollars ($250).

38(i) No activity exempted from prosecution under paragraph (2)
39of subdivision (h) which incidentally violates paragraph (2), (4),
40or (7) of subdivision (c) shall be prosecuted under those paragraphs.

P11   1(j) For purposes of bringing a civil or a criminal action under
2this section, a person who causes, by any means, the access of a
3computer, computer system, or computer network in one
4jurisdiction from another jurisdiction is deemed to have personally
5accessed the computer, computer system, or computer network in
6each jurisdiction.

7(k) In determining the terms and conditions applicable to a
8person convicted of a violation of this section the court shall
9consider the following:

10(1) The court shall consider prohibitions on access to and use
11of computers.

12(2) Except as otherwise required by law, the court shall consider
13alternate sentencing, including community service, if the defendant
14shows remorse and recognition of the wrongdoing, and an
15inclination not to repeat the offense.

16begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.

end insert
begin delete25

SECTION 1.  

Section 1708.5.5 is added to the Civil Code, to
26read:

27

1708.5.5.  

Nonconsensual sexual intercourse is an act of sexual
28intercourse between an adult and a person who is not the spouse
29of the adult, if the person is a minor. For the purposes of this
30section, a “minor” is a person under 18 years of age and an “adult”
31is a person who is at least 18 years of age.

end delete


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