BILL ANALYSIS �
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THIRD READING
Bill No: AB 665
Author: Torres (D). et al.
Amended: 8/31/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/5/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page
for vote
SUBJECT : Disorderly conduct
SOURCE : Author
DIGEST : This bill doubles the misdemeanor penalties - to
a maximum jail term of one year and a maximum fine of
$2,000 - for a second or subsequent conviction of violating
another persons reasonable expectation of privacy, or the
first conviction where the victim is a minor, by doing any
of the following: (1) looking into a bedroom, bathroom,
changing room or similar place through a hole or by means
of any instrumentality; (2) using a concealed video
recording device, camera, camcorder, mobile phone, or other
electronic device to record or film the body or
underclothing of another person while the person is in or
using a bedroom, bathroom, fitting room or similar place;
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and (3) using a concealed video recording device, camera or
other electronic device to record or film the body or
underclothing of another person for sexual gratification.
Senate Floor Amendments of 8/31/11 (1) clarify that the
crime of non-consensual looking into a bedroom, changing
room, or other private place can be committed by means of a
mobile phone; and (2) add co-authors.
ANALYSIS : Existing law makes it a misdemeanor for any
person, with the intent to invade another person's privacy,
to look through a hole, or otherwise use an instrumentality
such as binoculars or a camera, to view the interior of a
bedroom, bathroom, changing room, tanning booth, or other
place in which the occupant has a reasonable expectation of
privacy. (Penal Code Section 647, subd. (j)(1).)
This bill adds a mobile phone to the instrument list.
Existing law makes it a misdemeanor for any person, without
consent, to use a concealed device to secretly videotape or
record another person who is fully or partly undressed, for
the purpose of viewing that person's body or undergarments
while he/she is in a bedroom, bathroom, changing room,
tanning booth, or interior of any place where the other
person has a reasonable expectation of privacy, with the
intent to invade the victim's privacy. (Penal Code Section
647, subd. (j)(3).)
Existing law makes it a misdemeanor for any person to use a
device to secretly and without consent videotape or record
another person under or through his/her clothing, for the
purpose of viewing that person's body or undergarments
under circumstances in which that person has a reasonable
expectation of privacy, if the perpetrator commits the act
for sexual gratification. (Penal Code Section 647, subd.
(j)(2).)
Existing law states that, unless otherwise specified, every
offense declared to be a misdemeanor is punishable by
imprisonment in the county jail not exceeding six months,
or by fine not exceeding $1,000, or by both. (Penal Code
Section 19.)
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This bill makes a second or subsequent misdemeanor offense
of invasion of another person's privacy, as specified,
punishable by up to one year in a county jail, a fine of up
to $2,000, or both.
This bill provides that where the victim is a minor, the
first conviction for of invasion of another person's
privacy, as specified, is punishable by up to one year in a
county jail, a fine of up to $2,000, or both.
This bill applies the increased misdemeanor penalties to
invasion of privacy that occurs while the victim is in a
private place, such as a bedroom, bathroom or changing
room, as specified, or where the perpetrator secretly films
or video records the victim in a public place for purposes
of the perpetrator's sexual gratification.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 9/1/11)
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author:
"Invasion of privacy is an insidious offense that can
leave its victims and their family members with emotional
impacts ranging from embarrassment and anger to feelings
of loss of security in public places. People can fall
prey to this type of offense while at shopping stores and
in dressing rooms. Furthermore, given today's advances
in technology, private images of victims could easily be
posted and distributed on the internet. But, as
perturbing as this offense can be to its victims,
repeating offenders have little incentive to curb their
behavior because they know little or nothing will be done
to punish their offenses.
"Increasing the penalty for this type of offense will
help law enforcement crack down on individuals who are
fully aware they should not be engaging in such behavior,
but continue to inflict emotional distress on
unsuspecting victims. AB 665 simply will give law
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enforcement, in cases where they encounter repeated
offenders, the tools to charge those offenders with a
higher penalty."
ASSEMBLY FLOOR : 70-0, 5/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hern�ndez, Bonnie Lowenthal, Mitchell, Portantino,
Torres
RJG:do 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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