BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 33|
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THIRD READING
Bill No: AB 33
Author: Sharon Runner (R), et al
Amended: 8/16/05 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-0, 6/7/05 (FAIL)
AYES: Alquist, Poochigian, Margett
NO VOTE RECORDED: Cedillo, Migden, Perata, Romero
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/12/05
AYES: Alquist, Poochigian, Cedillo, Margett, Perata
NO VOTE RECORDED: Migden, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/14/05 (Passed on Consent) - See
last page for vote
SUBJECT : Contacting minors: penalties
SOURCE : Author
DIGEST : This bill (1) raises the minimum age of a
child-victim of illegal communication with a child from 12
and under to under 14 years, and (2) allows forfeiture of a
computer used in the commission of such an offense.
ANALYSIS : 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
CONTINUED
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have known was 12 years of age or younger, to lure him/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 prohibits this conduct when engaged in with a
person who is under 14 years of age. This bill provides
that this crime is punishable as an infraction or a
misdemeanor, as specified. (Subject to subdivision (d) of
Section 17.)
Existing law provides that certain property, such as a
computer, may be subject to forfeiture if used by a
defendant to commit particular offenses, as specified.
Existing law further provides the process by which property
is forfeited and by which it may be recovered by the owner.
Existing law (Section 502.01 of the Penal Code) provides
that computer and telecommunications equipment used in the
following crimes is subject to forfeiture (all cites refer
to the Penal Code):
1. Forgery (Section 470).
2. Forging a driver's license or identification card
(Section 470a).
3. Counterfeiting public and private seals (Section 472).
4. Possessing or uttering forged paper (Section 475).
5. Forging bills, notes, and checks (Section 476).
6. Counterfeiting money (Section 480).
7. Acquiring four or more access cards in a 12-month
period (Section 484e, subd. (b)).
8. Acquiring access card account information with intent
to defraud (Section 484e, subd. (d)).
9. Making or altering a counterfeit access card with
intent to defraud (Section 484f, subd. (a)).
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10.Altering/modifying access card account information with
intent to defraud (Section 484i, subd. (b)).
11.Accessing and without permission using computer systems
to (a) defraud, deceive, extort or obtain money or
property, (b) accessing and without permission taking,
copying, or using computer data, (c) using computer
services without permission, (d) accessing and without
permission adding, deleting or destroying data,
software, or programs, (e) without permission,
disrupting or denying computer services to an authorized
user, (f) without permission, providing a means of
accessing a computer, (g) accessing any computer,
computer system or network without permission, (h)
introducing a contaminant into any computer, computer
system or network, (i) without permission, using the
Internet domain name of another person to send e-mail
which damages a computer, or computer system or network
(Section 502, subd. (c)).
12.Avoidance of telephone or cellular service charges
(Section 502.7 and 502.8).
13.False impersonation (Section 529).
14.Producing, selling or transferring a false birth or
baptism certificate (Section 529a).
15.Using personal identifying information without consent
(Section 530.5).
16.Removal of serial numbers (Section 537e).
17.Stalking (Section 646.9).
18.Terrorist threats (Section 422).
19.Obscenity and child pornography crimes (Section
311.1-311.5, 311.10, 311.11).
20.Distribution or exhibition of harmful matter to a minor
with the intent to seduce him/her (Section 288.2).
21.Lewd conduct with a child or dependent adult (Section
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288).
This bill provides that if the defendant used his/her
computer to communicate with the victim in the attempt to
lure the victim then that computer is subject to
forfeiture.
Section 17, subdivision (d), and Sections 19.6-19.8 of the
Penal Code set out the rules for infraction-misdemeanor
crimes. (An infraction misdemeanor is commonly called a
"wobblet.") The most important distinctions between
infractions and misdemeanors are that an infraction cannot
be punished through a jail sentence and that a defendant
charged with an infraction is not entitled to either a jury
trial or an attorney at public expense.
Thus, it is less costly to prosecute an infraction than a
misdemeanor, but the punishment is not as severe. Further,
many persons familiar with the criminal justice system
believe that it may often be easier for the prosecution to
obtain a conviction in a court trial than in a jury trial.
Typically, however, a person charged with the infraction
version of an infraction-misdemeanor can demand to be
prosecuted for the misdemeanor, thereby obtaining a jury
trial and appointed counsel. Also, the court, with the
defendant's consent, can deem an infraction-misdemeanor to
be an infraction where the prosecutor charged the defendant
with the misdemeanor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/22/05)
Attorney General
California Correctional Supervisors Association
California District Attorneys Association
California Peace Officers' Association
Child Abuse Prevention Council of Contra Costa County
Crime Victims United
Girl Scouts Council of California
Los Angeles County Sheriff's Department
Los Angeles District Attorney's Office
San Bernardino County District Attorney
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San Bernardino County Sheriff
ARGUMENTS IN SUPPORT : According to the author:
"With the proliferation of the Internet, child
predators are moving from the playground to the
Internet in their search for unsuspecting children.
Children now encounter ever-increasing dangers and
parents, in turn, face a growing challenge to protect
their young.
"AB 2021 (Steinberg) [Ch. 621, Stats. 2000] instituted
the first curb on the formerly limitless access to
children enjoyed by child predators. While this law
created the crime of child luring, it failed to include
protection for those children who are most vulnerable -
teenage children.
"According to Online Victimization: a Report on the
Nation's Youth , a June 2000 study by the Crimes Against
Children Research Center, approximately one in five
youths received a sexual solicitation or approach over
the Internet. The primary vulnerable population for
sexual victimization was teenagers.
"Access to the Internet and a sense of independence
makes teenagers the most frequently targeted population
for predatory luring. AB 33, therefore, would increase
the age of children protected by state law from 12 to
14. Furthermore, AB 33 would enhance the penalty for
child luring in order to further discourage the crime
and provide a more appropriate punishment. Under some
circumstances, the bill allows forfeiture of a
defendant's computer that was used to commit child
luring. Removing a known predator's access to innocent
victims is a common sense approach to preventing
further victimization."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
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DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Keene, Klehs, Koretz, La Malfa, La
Suer, Laird, Leno, Leslie, Levine, Lieber, Liu, Matthews,
Maze, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi,
Nation, Nava, Negrete McLeod, Niello, Oropeza, Parra,
Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,
Ruskin, Saldana, Salinas, Spitzer, Strickland, Tran,
Umberg, Vargas, Villines, Walters, Wolk, Wyland, Yee,
Nunez
NO VOTE RECORDED: Gordon, Harman, Karnette, Torrico
RJG:mel 8/22/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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