Amended in Assembly April 24, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1505

Introduced by Assembly Member Garcia

January 14, 2014

An act to amend Section 11165.1 of the Penal Code, relating to mandated reporters.

LEGISLATIVE COUNSEL’S DIGEST

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 neglect, including sexual abuse.

Under 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.

This bill would instead make instances of sodomy or oral copulation begin insert with a minor end insert reportable as sexual abuse only if begin delete 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 delete begin insert the conduct involves either a person over 21 years of age or a minor under 16 years of age end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11165.1 of the Penal Code is amended
to read:

11165.1.  

As used in this article, “sexual abuse” means sexual
assault or sexual exploitation as defined by the following:

(a) (1) Except as specified in paragraph (2), “sexual assault”
means conduct in violation of one or more of the following
sections: Section 261 (rape), subdivision (d) of Section 261.5
(statutory rape), 264.1 (rape in concert), 285 (incest), 286
(sodomy), subdivision (a) or (b), or paragraph (1) of subdivision
(c) of Section 288 (lewd or lascivious acts upon a child), 288a
(oral copulation), 289 (sexual penetration), or 647.6 (child
molestation).

(2) For purposes of this article, “sexual assault” does not include
conduct in violation of the following:

(A) Paragraph (1) of subdivision (b) of Section 286 unless it
begin delete meets the criteria specified in paragraph (2) of subdivision (b) of
Section 286 end delete begin insert involves either a person over 21 years of age or a
minor under 16 years of age end insert .

(B) Paragraph (1) of subdivision (b) of Section 288a unless it
begin delete satisfies the criteria specified in paragraph (2) of subdivision (b)
of Section 288a end delete begin insert involves either a person over 21 years of age or
a minor under 16 years of age end insert .

(b) Conduct described as “sexual assault” includes, but is not
limited to, all of the following:

(1) Penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.

(2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.

(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.

(4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and buttocks,
or the clothing covering them, of a child, or of the perpetrator by
a child, for purposes of sexual arousal or gratification, except that,
it does not include acts which may reasonably be construed to be
normal caretaker responsibilities; interactions with, or
demonstrations of affection for, the child; or acts performed for a
valid medical purpose.

(5) The intentional masturbation of the perpetrator’s genitals in
the presence of a child.

(c) “Sexual exploitation” refers to any of the following:

(1) Conduct involving matter depicting a minor engaged in
obscene acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).

(2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child’s welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose
or model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct. For the purpose of
this section, “person responsible for a child’s welfare” means a
parent, guardian, foster parent, or a licensed administrator or
employee of a public or private residential home, residential school,
or other residential institution.

(3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, a film, photograph, videotape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions
(c) and (e) of Section 311.3.