BILL NUMBER: AB 2021 CHAPTERED 09/26/00 CHAPTER 621 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 PASSED THE SENATE AUGUST 24, 2000 AMENDED IN SENATE JULY 5, 2000 AMENDED IN ASSEMBLY MAY 22, 2000 AMENDED IN ASSEMBLY MAY 3, 2000 AMENDED IN ASSEMBLY APRIL 24, 2000 AMENDED IN ASSEMBLY MARCH 23, 2000 INTRODUCED BY Assembly Members Steinberg and Washington (Coauthors: Assembly Members Campbell, Havice, Longville, Machado, and Mazzoni) (Coauthors: Senators Leslie, Ortiz, and Solis) FEBRUARY 18, 2000 An act to amend Section 272 of the Penal Code, relating to minors. LEGISLATIVE COUNSEL'S DIGEST AB 2021, Steinberg. Internet: minors. (1) Existing law makes it a misdemeanor for a person to contribute to the delinquency of a minor. This bill would make it an offense punishable as an infraction or a misdemeanor for a person to knowingly contact or communicate with a minor who is 12 years of age or younger, for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from a location known by the minor's parent or custodian to be a place where the minor is located, for any purpose, with the intent to avoid the consent of the minor's parent or legal guardian and without the express consent of the parent, legal guardian, or custodian. Additionally, the bill would exempt emergency situations, as defined, from its provisions. The bill would define the terms "contact" and "communication" to include the use of the telephone or the Internet, as defined. By defining new crimes, this bill would impose a state-mandated local program. (2) 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 272 of the Penal Code is amended to read: 272. (a) (1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years. (2) For purposes of this subdivision, a parent or legal guardian to any person under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection, and control over their minor child. (b) (1) An adult stranger who is 21 years of age or older, who knowingly contacts or communicates with a minor who is 12 years of age or younger, who knew or reasonably should have known that the minor is 12 years of age or younger, for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from the minor's home or from any location known by the minor's parent, legal guardian, or custodian, to be a place where the minor is located, for any purpose, without the express consent of the minor's parent or legal guardian, and with the intent to avoid the consent of the minor's parent or legal guardian, is guilty of an infraction or a misdemeanor. (2) This subdivision shall not apply in an emergency situation. (3) As used in this subdivision, the following terms are defined to mean: (A) "Emergency situation" means a situation where the minor is threatened with imminent bodily harm, emotional harm, or psychological harm. (B) "Contact" or "communication" includes, but is not limited to, the use of a telephone or the Internet, as defined in Section 17538 of the Business and Professions Code. (C) "Stranger" means a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization, as defined in subdivision (e) of Section 6600 of the Welfare and Institutions Code. (D) "Express consent" means oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning. (5) This section shall not be interpreted to criminalize acts of persons contacting minors within the scope and course of their employment, or status as a volunteer of a recognized civic or charitable organization. (6) This section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.