BILL ANALYSIS
AB 33
Page 1
Date of Hearing: March 1, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 33 (Runner) - As Introduced: December 6, 2004
As Proposed to be Amended in Committee
REVISED
SUMMARY : Deletes the alternative infraction penalty for the
crime of communicating with a minor for the purpose of
persuading or luring the minor away from the minor's home.
Specifically, this bill :
1)Deletes the infraction penalty from the alternate
misdemeanor/infraction crime of communicating with a minor for
the purpose of luring or persuading the minor away from the
minor's home making that crime punishable as a misdemeanor
only.
2)Increases the age of the minor, for the purpose of the luring
provisions from 12 years of age or under to 14 years of age or
under.
3)Adds the crime of luring a minor away from the home to the
list of crimes which makes a computer used in the commission
of the offense subject to forfeiture.
EXISTING LAW :
1)Provides that an adult stranger 21 years of age or older who
knowingly contacts or communicates with a minor 12 years of
age or younger, who knew or should have known that the minor
is 12 years of age or younger, for the purpose of persuading,
transporting, or luring the minor away from his or her home or
known location, without consent, is guilty of either an
infraction or a misdemeanor. [Penal Code Section 272(b)(1).]
2)Provides that any person who by act or omission persuades,
induces, or commands a person under the age of 18 years to
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disobey a lawful order of the juvenile court or causes a minor
to remain a delinquent or dependent child is guilty of
contributing to the delinquency of a minor. [Penal Code
Section 272(a)(1).]
3)Makes the punishment for the offense of contributing to the
delinquency of a minor a misdemeanor, punishable by
imprisonment in the county jail up to one year; by a fine not
exceeding $2,500; or by both. [Penal Code Section 272(a)(1).]
4)Provides that any person with knowledge that a person is a
minor, or who fails to exercise reasonable care in determining
the true age of a minor, who sends any harmful matter with the
intent to sexually arouse himself or herself or a minor for
the purpose of seducing the minor is guilty of an alternate
felony-misdemeanor. A second conviction for the offense is a
felony. [Penal Code Section 288.2 (a).]
5)Authorizes the forfeiture of a computer or telecommunications
equipment uses in the commission of specified theft, fraud,
and computer crimes. (Penal Code Section 502.01.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The
proliferation of the Internet has caused child predators to
move from the playground to the World Wide Web in search of
unsuspecting children. Children now encounter ever-increasing
dangers and parents, in turn, face a growing challenge to
protect their young.
"Unfortunately, due to greater access to the Internet and a
stronger sense of independence, teenagers are the most
frequently targeted population for predatory luring. This
bill, therefore, would increase the age of children protected
by state law from age 12 to age 14. Furthermore, this bill
would enhance the penalty for child luring in order to further
discourage the crime and provide a more appropriate
punishment. The bill also includes provisions that upon
conviction would make the defendant's computer subject to
forfeiture. Removing a known predator's access to innocent
victims is a common-sense approach to preventing further
victimization."
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2)Comments : Under existing law, the crime of child luring is
punishable as an alternate misdemeanor/infraction. An
infraction is not punishable by imprisonment. (Penal Code
Section 19.6.) This bill makes the crime of child a
misdemeanor only punishable by up to six months in the county
jail. Additionally, this bill increases the age of a minor
victim from age 12 to age 14, consistent with the 14-year-old
threshold for the crime of child molestation. (Penal Code
Section 288.) Lastly, this bill adds child luring to the list
of computer assisted crimes which upon conviction make a
computer subject to forfeiture. (Penal Code Section 502.01.)
3)Prior Legislation :
a) AB 1443 (La Suer), of the 2002-03 Legislative Session,
would have provided that any person who contacts a minor
with the intent to commit child abuse or specified sex
offenses shall be punished the same as an attempt to commit
the specified offense. AB 1443 failed passage in the
Assembly Public Safety Committee.
b) SB 882 (Denham), of the 2002-03 Legislative Session,
would have provided that any person who contacts a minor
with the intent to commit child abuse or specified sex
offenses shall be punished the same as an attempt to commit
the specified offense. SB 882 failed passage in the Senate
Public Safety Committee.
c) AB 141 (Cardoza), of the 2001-02 Legislative Session,
would have increased the penalty for child luring from an
alternate misdemeanor/infraction to an alternate felony,
misdemeanor. AB 141 was held on the Appropriations
Committee's Suspense File.
d) AB 1141 (La Suer), of the 2000-01 Legislative Session,
would have provided that any person who contacts a minor
with the intent to commit child abuse or specified sex
offenses shall be punished the same as an attempt to commit
the specified offense. AB 1141 was held on the Senate
Appropriations Committee's Suspense File.
e) AB 2021 (Steinberg), Chapter 621, Statutes of 2000,
created a new infraction/misdemeanor for an adult 21 years
of age or older knowingly contacting a minor 12 years of
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age or less for the purpose of luring the minor away from
his or her home or other location.
f) AB 1843 (Baldwin), of the 1997-98 Legislative Session,
would have made it a felony to contact or communicate with
a person under the age of 18 for the purpose of engaging or
with the intent to engage in any unlawful act against a
minor. AB 1843 failed passage in the Assembly Committee on
Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
Voters Corrections Reform Coalition
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744