BILL ANALYSIS
AB 2058
Page 1
ASSEMBLY THIRD READING
AB 2058 (Cohn)
As Amended May 26, 2006
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS
(vote not
available)
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|Ayes:|Leno, La Suer, Cohn, | | |
| |Dymally, Spitzer | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Expands existing provisions of law that make it an
alternate felony/misdemeanor for a person to commit any lewd and
lascivious act upon a minor who is 14 or 15 years of age to
include minors who are 16 or 17 years of age, and states that
this provision shall not preclude prosecution and punishment
under other provision of law that provides for a greater
penalty.
EXISTING LAW :
1)Provides that any person 21 years of age or older who engages
in an act of unlawful sexual intercourse with a minor who is
16 years of age or younger is guilty of either a misdemeanor
or a felony, and shall be punished by imprisonment in a county
jail not exceeding one year, or by imprisonment in the state
prison for two, three, or four years.
2)Provides that any person who engages in an act of unlawful
sexual intercourse with a minor who is more than three years
younger than the perpetrator is guilty of a misdemeanor or
felony punishable by imprisonment in the county jail not to
exceed one year or by imprisonment in the state prison for 16
months, 2 or 3 years.
3)Provides that any person who engages in an act of unlawful
sexual intercourse with a minor who is more than three years
younger than the perpetrator is guilty of a misdemeanor.
4)Provides that any person who commits any lewd or lascivious
act upon a child under the age of 14 with the intent to arouse
AB 2058
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the sexual passions of that person is guilty of a felony,
punishable by three, six, or eight years in the state prison.
5)Provides that any person who commits any lewd or lascivious
act upon a child 14 or 15 years of age with the intent to
arouse the sexual passions of that person and where that
person is at least 10 years older than the child is guilty of
a public offense punishable by one, two, or three years in
prison, or by imprisonment in a county jail for not more than
one year.
6)States that any person who lives with or has recurring access
to a child and engages in three or more acts of substantial
sexual conduct, or commits three or more acts of lewd and
lascivious conduct with a child under the age of 14 over a
period of at least three months time, is guilty of the felony
of continuous sexual abuse of a child, punishable by 6, 12, or
16 years in the state prison.
7)Provides that any person who commits lewd and lascivious acts
by use of force, violence, or fear of immediate and unlawful
bodily injury shall be punished by imprisonment in state
prison for three, six, or eight years.
8)Provides that any person who commits rape, rape by foreign
object, forcible sodomy, forcible oral copulation, or forcible
sexual penetration with a child who is under 14 years of age
and is 10 or more years younger than the person shall be
punished by imprisonment in state prison for 15-years-to-life.
9)Provides that any person who annoys or molests a child under
the age of 18 shall be punished by imprisonment in the county
jail not to exceed one year; by a fine not to exceed $1,000;
or by both imprisonment and a fine.
10)Provides that any person who annoys or molests a child under
the age of 18, after having entered a dwelling house without
consent, shall be punished by imprisonment in the state prison
for 16 months, 2 or 3 years, or by imprisonment in the county
jail not to exceed one year.
11)Makes a second or subsequent conviction for annoying or
molesting a child under the age of 18 punishable by
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imprisonment in the state prison for 16 months, 2 or 3 years.
12)Provides that any person who annoys or molests a child under
the age of 18 after a previous felony conviction for the same
offense, lewd and lascivious acts on a child, or a felony
conviction for employing a minor to perform prohibited acts is
punishable by two, four, or six years in the state prison.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, "Significant annual General Fund costs,
potentially in the range of $200,000, for increased state prison
commitments. In 2004-05, 86 persons were committed to state
prison for committing a lewd or lascivious act on a 14 or 15
-year-old child when the offender was more than 10 years older
than the victim. If this bill, by adding 16 and 17-year-olds to
a similar offense, results in six additional prison commitments,
annual costs would exceed $200,000."
COMMENTS : According to the author, "There are many individuals
that prey upon young teenagers. These individuals have hundreds
of victims and yet do not face more than county jail time upon
conviction. This bill protects minors age 16 and 17 by ensuring
that those who commit lewd and lascivious acts upon them are
appropriately convicted as felons."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0014930