BILL NUMBER: AB 33	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Sharon Runner

                        DECEMBER 6, 2004

   An act to amend Section 272 of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 33, as introduced, Sharon Runner.   Contact with minor.
   Existing law provides that it is a crime for an adult stranger to
contact or communicate with a minor, 12 years of age or younger, who
the adult knew or should have known was 12 years of age or younger,
to lure him or her away, as specified, for any purpose. Existing law
provides that this crime is punishable by a fine, by imprisonment in
a county jail, or by both.
   This bill would prohibit this conduct when engaged in with a
person who is 16 years of age or younger. This bill would provide
that this crime is punishable by imprisonment in a county jail and a
fine of no less than $2,500, but no more than $5,000. This bill would
also provide that if the defendant used a computer to communicate
with the victim and has been convicted of an offense that requires
him or her to register as a sex offender or has obscene matter stored
on that computer that violates provisions prohibiting possession of
matter depicting a minor engaging in or simulating sexual conduct,
the computer is subject to forfeiture. Because this bill would change
the definition of a crime, it would impose a state-mandated local
program.

  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 that 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 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
   16  years of age or younger, who knew or
reasonably should have known that the minor is  12 
   16  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
    a crime punishable by imprisonment in a county jail
for a period not exceeding six months and a fine of not less than two
thousand five hundred dollars ($2,500), but no more than five
thousand dollars ($5,000)  .
   (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.
   (4) 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.
   (5) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.  
   (6) If the defendant used a computer to communicate with the
victim via the Internet and has previously been convicted of any
offense listed in paragraph (2) of subdivision (a) of Section 290 or
has obscene matter stored on that computer that violates subdivision
(a) of Section 311.11, the computer is subject to forfeiture to the
Department of Justice. Proceedings for forfeiture shall be initiated
by a petition of forfeiture filed in the Superior Court in which the
matter is located.  
   (7) Fines collected pursuant to this subdivision shall be
transferred by the county treasurer to the Controller for deposit
into the General Fund and, upon appropriation by the Legislature to
the Department of Justice, used in implementing the provisions of
Section 290. 
  SEC. 2.
  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.