AB 1505, as amended, Garcia. Child abuse: mandated reporters.
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglectbegin insert, including sexual abuseend insert.
begin insertUnder existing law, sexual abuse is reportable if it involves unlawful sexual intercourse between a person 21 years of age or older with a minor who is under 16 years of age. Existing law makes sexual abuse reportable if any person participates in an act of sodomy or oral copulation with a person who is under 18 years of age.
end insertbegin insertThis bill would instead make instances of sodomy or oral copulation reportable as sexual abuse only if any person over 21 years of age participates in an act of sodomy or oral copulation with a person who is under 16 years of age.
end insertThis bill would state that it is the intent of the Legislature to enact legislation to provide greater consistency among the kinds of abuse and neglect that must be reported pursuant to the Child Abuse and Neglect Reporting Act.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 11165.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended
2to read:end insert
As used in this article, “sexual abuse” means sexual
4assault or sexual exploitation as defined by the following:
5(a)“Sexual
end delete
6begin insert(a)end insert begin insert(1)end insertbegin insert end insertbegin insertExcept as specified in paragraph (2), “sexual end insertassault”
7means conduct in violation of one or more of the following
8sections: Section 261 (rape), subdivision (d) of Section 261.5
9(statutory rape), 264.1 (rape in
concert), 285 (incest), 286
10(sodomy), subdivision (a) or (b), or paragraph (1) of subdivision
11(c) of Section 288 (lewd or lascivious acts upon a child), 288a
12(oral copulation), 289 (sexual penetration), or 647.6 (child
13molestation).
14(2) For purposes of this article, “sexual assault” does not
15include conduct in violation of the following:
16(A) Paragraph (1) of subdivision (b) of Section 286 unless it
17meets the criteria specified in paragraph (2) of subdivision (b) of
18Section 286.
19(B) Paragraph (1) of subdivision (b) of
Section 288a unless it
20satisfies the criteria specified in paragraph (2) of subdivision (b)
21of Section 288a.
22(b) Conduct described as “sexual assault” includes, but is not
23limited to, all of the following:
24(1) begin deleteAny penetration, end deletebegin insertPenetration, end inserthowever slight, of the vagina
25or anal opening of one person by the penis of another person,
26whether or not there is the emission of semen.
27(2) begin deleteAny sexual end deletebegin insertSexual end insertcontact between
the genitals or anal
28opening of one person and the mouth or tongue of another person.
29(3) begin deleteAny intrusion end deletebegin insertIntrusion end insertby one person into the genitals or
30anal opening of another person, including the use ofbegin delete anyend deletebegin insert
anend insert object
31for this purpose, except that, it does not include acts performed
32for a valid medical purpose.
33(4) The intentional touching of the genitals or intimate parts
34begin delete (includingend deletebegin insert, includingend insert the breasts, genital area, groin, inner thighs,
35andbegin delete buttocks)end deletebegin insert buttocks,end insert or the clothing covering them, of a child,
P3 1or of the perpetrator by a child, for purposes of sexual arousal or
2gratification, except that, it does not include acts which may
3reasonably be construed to be normal caretaker responsibilities;
4interactions with, or
demonstrations of affection for, the child; or
5acts performed for a valid medical purpose.
6(5) The intentional masturbation of the perpetrator’s genitals in
7the presence of a child.
8(c) “Sexual exploitation” refers to any of the following:
9(1) Conduct involving matter depicting a minor engaged in
10obscene acts in violation of Section 311.2 (preparing, selling, or
11distributing obscene matter) or subdivision (a) of Section 311.4
12(employment of minor to perform obscene acts).
13(2) begin deleteAny end deletebegin insertA end insertperson who knowingly promotes, aids, or assists,
14employs, uses, persuades, induces,
or coerces a child, orbegin delete anyend deletebegin insert aend insert
15 person responsible for a child’s welfare, who knowingly permits
16or encourages a child to engage in, or assist others to engage in,
17prostitution or a live performance involving obscene sexual
18conduct, or to either pose or model alone or with others for
19purposes of preparing a film, photograph, negative, slide, drawing,
20painting, or other pictorial depiction, involving obscene sexual
21conduct. For the purpose of this section, “person responsible for
22a child’s welfare” means a parent, guardian, foster parent, or a
23licensed administrator or employee of a public or private residential
24home, residential school, or other residential institution.
25(3) begin deleteAny end deletebegin insertA
end insertperson who depicts a child in, or who knowingly
26develops, duplicates, prints, or exchanges,begin delete anyend deletebegin insert aend insert film, photograph,
27video tape, negative, or slide in which a child is engaged in an act
28of obscene sexual conduct, except for those activities by law
29enforcement and prosecution agencies and other persons described
30in subdivisions (c) and (e) of Section 311.3.
It is the intent of the Legislature to enact
32legislation to provide greater consistency among the kinds of abuse
33and neglect that must be reported pursuant to the Child Abuse and
34Neglect Reporting Act.
O
98