BILL ANALYSIS �
AB 665
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CONCURRENCE IN SENATE AMENDMENTS
AB 665 (Torres)
As Amended August 31, 2011
Majority vote
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|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |38-0 |(September 7, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the punishment for the crime of "peeping"
with the naked eye or with the use of an instrumentality to a
maximum of one year in the county jail, a fine of up to $2,000,
or both, when the victim of the crime is a minor, or the
perpetrator is a repeat offender.
The Senate amendments:
1)Make a first violation of peeping with the naked eye or with
the use of an instrumentality punishable by up to one year in
the county jail, a fine of up to $2,000, or both, if the
victim is a minor.
2)List a "mobile phone" as an instrumentality which should not
be used to invade the privacy of a person.
EXISTING LAW :
1)Makes it a misdemeanor for any person to look through a hole,
or otherwise use an instrumentality, such as binoculars, a
camera, or camcorder, to view the interior of a bedroom,
bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the
intent to invade the privacy of the person or people inside.
2)Makes it a misdemeanor for any person to use a device to
secretly videotape or record another person under or through
his or her clothing, for the purpose of viewing that person's
body or undergarments without consent and under circumstances
in which that person has a reasonable expectation of privacy,
if the perpetrator commits the act with a prurient intent.
AB 665
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3)Makes it a misdemeanor for any person who uses a concealed
instrumentality to secretly videotape or record another person
who is in a state of full or partial undress, for the purpose
of viewing that person's body or undergarments without consent
while that person is in a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior
of any other area in which that other person has a reasonable
expectation of privacy, with the intent to invade the privacy
of that individual.
4)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.
AS PASSED BY THE ASSEMBLY , this bill made a second or subsequent
offense of "peeping" with the naked eye or with the use of an
instrumentality punishable by one up to one year in jail, a fine
of up to $2,000, or both.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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 enforcement, in cases where they
encounter repeated offenders, the tools to charge those
offenders with a higher penalty."
Please see the policy committee analysis for a full discussion
of this bill.
AB 665
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Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0002578