BILL ANALYSIS �
SB 838
Page 1
Date of Hearing: June 17, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 838 (Beall) - As Amended: May 27, 2014
SUMMARY : Establishes a minimum mandatory term of commitment of
two years and reduces confidentiality protections for juveniles
who have committed or who are alleged to have committed
specified sex crimes involving an unconscious or disabled
victim, as specified. Specifically, this bill :
1)Creates a one-year sentence enhancement, a fine of up to
$10,000, or both the additional imprisonment and fine, for any
person who is convicted of a felony sex offense requiring the
person to register as a sex offender, and who, with the intent
to intimidate, harass, humiliate, or bully the victim, uses
social media, including, but not limited to, posting photos
online or sharing cellular telephone photos of the incident
that resulted in the conviction, or posting messages online or
sharing cellular telephone messages pertaining to the incident
that resulted in the conviction.
2)Specifies an additional fine of up to $5,000 for any person
who is convicted of a misdemeanor sex offense requiring the
person to register as a sex offender, and who, with the intent
to intimidate, harass, humiliate, or bully the victim, uses
social media, including, but not limited to, posting photos
online or sharing cellular telephone photos of the incident
that resulted in the conviction, or posting messages online or
sharing cellular telephone messages pertaining to the incident
that resulted in the conviction.
3)Adds to the list of felonies, to which the public may be
admitted for the juvenile court proceedings, certain sex
offenses accomplished because the person is prevented from
resisting due to being rendered unconscious by any
intoxicating, anesthetizing, or controlled substance, or when
the victim is at the time incapable, because of a disability,
of giving consent, and this is known or reasonably should be
known to the person committing the offense.
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4)Requires the court, when a minor is adjudged a ward of the
court for the commission of certain sex offenses accomplished
because the person is prevented from resisting due to being
rendered unconscious by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time
incapable, because of a disability, of giving consent, and
this is known or reasonably should be known to the person
committing the offense, to order the minor to out-of-home
placement for a minimum of two years.
5)Specifies that the placement may include commitment of the
minor to a juvenile hall, juvenile home, ranch, camp, or any
institution operated by the county juvenile probation
department, where the minor would receive treatment
appropriate to the circumstances of his or her offense,
including, but not limited to, sex offender treatment.
6)Prohibits eligibility for deferred entry of judgment (DEJ) for
minors charged with specified sex offenses where the victim
was prevented from resisting due to being rendered unconscious
by any intoxicating, anesthetizing, or controlled substance,
or when the victim was at the time incapable, because of
mental disorder or developmental or physical disability, of
giving consent, and that was known or reasonably should have
been known to the minor at the time of the offense.
7)States that this bill shall be known, and may be cited as,
Audrie's Law.
EXISTING LAW :
1)Provides that unless requested by the minor concerning whom
the petition has been filed and any parent or guardian
present, the public shall not be admitted to a juvenile court
hearing, except as specified. (Welf. & Inst. Code, � 676,
subd. (a).)
2)States, however, that members of the public shall be admitted,
on the same basis as they may be admitted to trials in a court
of criminal jurisdiction, to juvenile proceedings alleging
that a minor committed one of the enumerated offenses. (Welf.
& Inst. Code, � 676, subd. (a).)
3)Specifies that the name of a minor found to have committed one
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of the enumerated offenses shall not be confidential, unless
the court, for good cause, so orders. "Good cause" is limited
to protecting the personal safety of the minor, a victim, or a
member of the public. The court shall make a written finding,
on the record, explaining why good cause exists to make the
name of the minor confidential. (Welf. & Inst. Code, � 676,
subd. (c).)
4)Authorizes a court, when a minor is adjudged a ward of the
court, to order any of the types of treatment referred to in
related provisions of law, and as an additional alternative,
may commit the minor to a juvenile home, ranch, camp, or
forestry camp. If there is no county juvenile home, ranch,
camp, or forestry camp within the county, the court may commit
the minor to the county juvenile hall. (Welf. & Inst. Code, �
730, subd. (a).)
5)States when a ward is placed under the supervision of the
probation officer or committed to the care, custody, and
control of the probation officer, the court may make any and
all reasonable orders for the conduct of the ward. The court
may impose and require any and all reasonable conditions that
it may determine fitting and proper to the end that justice
may be done and the reformation and rehabilitation of the ward
enhanced. (Welf. & Inst. Code, � 730, subd. (b).)
6)Requires the prosecuting attorney to review his or her file to
determine whether a minor is eligible for DEJ by considering
the following circumstances (Welf. & Inst. Code, � 790):
a) The minor has not previously been declared to be a ward
of the court for the commission of a felony offense;
b) The offense charged is not one of the offenses
enumerated in 707(b);
c) The minor has not previously been committed to the
custody of the Youth Authority;
d) The minor's record does not indicate that probation has
ever been revoked without being completed;
e) The minor is at least 14 years of age at the time of the
hearing; and,
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f) The minor is eligible for probation.
7)States that every person who knowingly sends, brings into this
state for sale or distribution, possesses, prepares,
publishes, produces, develops, duplicates, or prints any
representation of information, data, or image, with intent to
distribute or to exhibit to, or to exchange with, others, or
who offers to distribute, distributes, or exhibits to, or
exchanges with, others, any obscene matter, knowing that the
matter depicts a person under the age of 18 years personally
engaging in or personally simulating sexual conduct, as
defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine
not to exceed $1,000, or by both the fine and imprisonment, or
by imprisonment in the state prison, by a fine not to exceed
$10,000, or by the fine and imprisonment. (Pen. Code, �
311.1, subd. (a).)
8)Defines "sexual conduct" as any of the following, whether
actual or simulated: sexual intercourse, oral copulation,
anal intercourse, anal oral copulation, masturbation,
bestiality, sexual sadism, sexual masochism, penetration of
the vagina or rectum by any object in a lewd or lascivious
manner, exhibition of the genitals or pubic or rectal area for
the purpose of sexual stimulation of the viewer, any lewd or
lascivious sexual act as defined, or excretory functions
performed in a lewd or lascivious manner, whether or not any
of the above conduct is performed alone or between members of
the same or opposite sex or between humans and animals. An
act is simulated when it gives the appearance of being sexual
conduct. (Pen. Code, � 311.4, subd. (d).)
9)Provides that every person who, with intent to place another
person in reasonable fear for his or her safety, or the safety
of the other person's immediate family, by means of an
electronic communication device, and without consent of the
other person, and for the purpose of imminently causing that
other person unwanted physical contact, injury, or harassment,
by a third party, electronically distributes, publishes,
e-mails, hyperlinks, or makes available for downloading,
personal identifying information, including, but not limited
to, a digital image of another person, or an electronic
message of a harassing nature about another person, which
would be likely to incite or produce that unlawful action, is
guilty of a misdemeanor punishable by up to one year in a
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county jail, by a fine of not more than $1,000, or by both
that fine and imprisonment. (Pen. Code, � 653.2, subd. (a).)
10)States, except as provided, that rape, as defined, is
punishable by imprisonment in the state prison for three, six
or eight years. (Pen. Code, � 264, subd. (a).)
11)Makes it punishable by imprisonment in state prison for a
period of three, six, or eight years for any person who
commits an act of sexual penetration when the victim is
prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was
known, or reasonably should have been known by the accused.
(Pen. Code, � 289, subd. (e).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Senate Bill 838
is the direct result of the tragic death of Audrie Pott, a
15-year-old Saratoga High student who committed suicide after
she was sexually assaulted while unconscious and photos of her
were disseminated electronically. Her assailants were tried
as juveniles. The allegations against them were sustained and
they handed down sentences of 30 to 45 days, news reports
said. Despite the severity of their crimes, they are freed
from having to register sex offenders due to an omission in
the law.
"Current California law provides a list of offenses for which
specified juvenile offenders may be prosecuted in adult court
under certain circumstances. This list -- California Welfare
and Institutions Code section 707(b) -- includes forced rape,
sodomy and oral copulation, but does not include sex offenses
where the victim was prevented from resisting because of
intoxication, use of a controlled substance, or because of a
developmental disability.
"It is unreasonable and arbitrary to solely define forcible
rape on whether a victim was able to offer resistance or
whether they were rendered incapable of resisting because of
unconsciousness or a developmental disability. Juvenile
victims of sex crime need to be protected equally, just the
same as adult victims, regardless of why they were vulnerable
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to a horrible assault. Rape is rape.
"In general, juvenile court hearings are not open to the
public. However, W&I code section 676(a) specifies a list of
offenses that would cause juvenile court proceedings on the
matter to be open to the public. Much like section 707(b),
676(a) includes forcible rape, sodomy and oral copulation.
Again, this causes a loophole in the law that differentiates
between victims based upon whether or not they were able to
resist. This is an unequal standard that treats the sexual
assault of someone that is unconscious or developmentally
disabled as a lesser crime.
"Audrie's Law would remedy these issues by creating stiffer
penalties for juveniles who sexually assault a developmentally
disabled or unconscious victim. Specifically, SB 838 would
impose a mandatory two year out-of-home placement sentence and
open court proceedings to the public for any juvenile who was
convicted of said crime. This would eliminate the inequity in
the law that differentiates between forcible v. non-forcible
sexual assault, while keeping juveniles out of the adult court
system.
"Audrie's case, along with those of other young women across
the nation, has shed light on a troubling pattern of social
media being used to further traumatize victims of sexual
assault. Neither W&I code nor the Penal code include an
offense where the victim of any sexual abuse or assault is
further traumatized by an offender through "cyber-bullying."
"Photos of and messages about victims of these crimes have
been posted on the Internet or shared through cell phone
photos to intimidate, harass, humiliate, and bully victims.
The use of online photos, messaging, or other social media
increases the terrible power of the crime's cruelty. The
nature of the crimes against Audrie, coupled with the growing
use of social media to bully victims, demands that our
statutes and codes be amended to reflect the severity of these
offenses.
"SB 838: Audrie's Law is a modest proposal that provides
equal justice for all types sexual offenses and updates our
laws to reflect the use of social media in conjunction with
sexual assault in the 21st century."
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2)Impetus for this Bill : This bill is titled "Audrie's Law."
15-year-old Audrie Pott committed suicide last fall. As
reported by the press, on September 2, 2012, Audrie attended a
house party where she and some other teenagers drank
Vodka-spiked Gatorade. Audrie drank too much and passed out
in a bedroom. She woke to find her shorts stripped down and
arrows and circles and lewd comments scribbled in Sharpie pens
over her body. Audrie later learned that three boys at the
party took photos of her half-naked body. It was alleged that
these photos went viral, but according to the article there
was not enough evidence to prove that the boys circulated the
photos widely. On September 10, 2012, eight days after the
assault, Audrie hanged herself in her mother's bathroom where
her mother found her barely alive. Audrie died two days later.
(See
(as of June
10, 2014).)
Because the boys were adjudicated in juvenile court, the
proceedings were closed to the public and there is no access
to court transcripts. Additionally, neither the attorney
representing Audrie's parents in the civil law suit or the
deputy district attorney who prosecuted the case could comment
on the specifics of the juvenile proceedings. According to
the news article cited above, "sources close to the case" said
that the boys admitted to several felonies which included
digital penetration and possession or control of photos of
Audrie, and that two of the boys were ordered to serve 30 days
in juvenile detention and the third boy was ordered to serve
45 days. Because it is unclear what the facts and
circumstances of this individual case were, it is speculative
as to whether the provisions of this bill would have had any
impact on the outcome of the case.
3)Confidentiality of Juvenile Proceedings : Proceedings in the
juvenile court generally are closed to the public, except for
serious offenses that, with certain exceptions, require
admission of the public to hearings on the same basis as in
criminal trials. Still, the public must be excluded where the
petition alleges that the minor committed one or more
specified sex offenses in two circumstances: 1) a closed
hearing, on motion by the district attorney, who must make the
motion at the victim's request; and, 2) a partially closed
hearing during the victim's testimony, if the victim was under
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age 16 at the time of the offense. (Welf. & Inst. Code, �
676, subd. (b).)
Historically, confidentiality has been a deliberate aspect of
juvenile proceedings: "Confidentiality of juvenile court
proceedings historically has been one of most critical aspects
of the juvenile justice system. From the creation of the
first formal juvenile court in Chicago, Illinois in 1899,
confidentiality has been regarded as a necessary catalyst for
the successful rehabilitation of wayward youth. The purpose
of keeping juvenile proceedings behind closed doors was to
minimize the criminal stigma that could follow a youth
throughout out his life, thus impeding his transformation into
a well-adjusted, productive member of society.
"The primary goal of the juvenile justice system, according to
its founders, was not to punish, but rather to 'protect,
rehabilitate, and heal' the youth, using the court system to
promote the best interests of the child, a concept known as
parens patriae. The aim of the original juvenile justice
court was to encourage the youth into rehabilitation with the
caring involvement of the judge and community working
together, calling for the judge to 'put his arm around [the
juvenile's] shoulder' and effectively escort the juvenile back
into society." (Walker, Revealing Mississippi Youth Court: The
Consequences of Lifting Confidentiality Requirements on
Juvenile Justice in Mississippi (Spring 2002) 71 Miss. L.J.
999.)
This bill expands the list of offenses requiring public
proceedings by adding sex crimes when a victim is prevented
from resisting due to being rendered unconscious by any
intoxicating, anesthetizing, or controlled substance, or when
the victim is at the time incapable, because of a disability,
of giving consent.
4)Minimum Mandatory Confinement : As stated above, the primary
goal of the juvenile justice system is to treat and
rehabilitate the youth. "Juvenile courts and other public
agencies charged with enforcing, interpreting, and
administering the juvenile court law shall consider the safety
and protection of the public, the importance of redressing
injuries to victims, and the best interests of the minor in
all deliberations pursuant to this chapter." (Welf. & Inst.
Code, � 202, subd. (d).) "Punishment" means the imposition of
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sanctions, not retribution. (Welf. & Inst. Code, � 202, subd.
(e).)
Generally, a minor who has committed an offense or violated the
law will have his or her case adjudicated in juvenile court.
There are exceptions based on the nature of the offense or the
history of the minor which allows, or in some cases requires,
the case to be prosecuted in the adult court. (Welf. & Inst.
Code, �� 602 and 707.) If the case remains in juvenile court
and the minor has been adjudged a ward of the court, the court
make any reasonable orders for the care, supervision, custody,
conduct, maintenance, and support of the minor, or as an
additional alternative, commit the minor to a juvenile
detention facility. (Welf. & Inst. Code, � 727.) When a
minor is adjudicated in juvenile court, the proscribed
punishments in criminal statutes (specified terms of
imprisonment or fine, or both) do not apply. Instead, the
juvenile court determines on a case-by-case basis what is
appropriate, based on the severity of the offense, impact on
the victim, and the circumstances of the minor's life. Using
its discretion, the court may order a combination of
treatment, supervision, or commitment to a juvenile detention
facility. The rationale for the difference in sanctions is
that minors are inherently different from adults in terms of
maturity and their ability to change. Thus, the purpose of
juvenile court is treatment and rehabilitation so that the
minor may still become a productive member of society.
This bill creates a minimum mandatory term of confinement of two
years for any juvenile who is adjudged a ward of the juvenile
court on the grounds that he or she committed a specified sex
offense when a victim is prevented from resisting due to being
rendered unconscious by any intoxicating, anesthetizing, or
controlled substance; or the victim was incapable of giving
consent because of a disability. While minimum mandatory
terms are common in the Penal Code and may have a valid
punitive purpose for adult offenders, there exists no such
sentencing scheme in juvenile court. The minimum mandatory
term proposed by this bill is unprecedented and opens the door
to requiring minimum mandatory terms for other offenses that
are currently adjudicated in juvenile court. It also reduces
judicial discretion to determine the appropriate outcome of
each case.
5)Sentence Enhancement and Additional Fine : This bill would
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create a new sentence enhancement, which in felony cases could
result in an additional year in prison for a person who is
convicted of a registerable felony sex offense and who used
social media, posted messages online, or shared cellular
telephone messages pertaining to the incident with the intent
to identify, intimidate, harass, humiliate, or bully the
victim. This provision's purpose is to punish acts considered
"cyberbullying."
In order for the enhancement to apply, the person would have to
be convicted of a felony sex offense that requires him or her
to register as a sex offender. The existing punishments for
felony sex offenses are very serious. For example, sexual
penetration against a victim who is unable to resist because
they are unconscious or intoxicated is a felony, punishable by
three, six or eight years in state prison. The same
punishment applies for the crimes of oral copulation or sodomy
of a person who is unable to resist because he or she is
unconscious or intoxicated.
Considering that the current punishment for felony sex offenses
are already quite lengthy, is there a need to add a one year
enhancement, especially in cases involving a juvenile
offender?
This bill also contains a provision authorizing a fine of up to
$10,000 if a person is convicted of a registerable felony sex
offense, and an additional fine of up to $5,000 if a person is
convicted of a registerable misdemeanor sex offense. On a
misdemeanor offense, the typical fine is up to $1,000.
When considering fines in general, it is important to note that
there are penalty assessments and fees assessed on the base
fine causing the total fine to increase to about four times
the amount of the base fine. Assuming a defendant was fined
$10,000 as the maximum fine, the following penalty assessments
would be imposed pursuant to the Penal Code and the California
Government Code:
Base Fine:
$
10,000
Penal Code 1464 assessment:
$ 10,000 ($10 for every $10)
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Penal Code 1465.7 surcharge:
2,000
(20% surcharge)
Penal Code 1465.8 assessment:
40 ($40 fee per offense)
Government Code 70372 assessment:
5,000 ($5 for every $10)
Government Code 70373 assessment:
30 ($30 for felony or misdo.)
Government Code 76000 assessment:
7,000 ($7 for every $10)
Government Code 76000.5 assessment:
2,000 ($2 for every $10)
Government Code 76104.6 assessment:
1,000 ($1 for every $10)
Government Code 76104.7 assessment
4,000 ($4 for every $10)
Total Fine with Assessments:
$41,070
6)DEJ Ineligibility : DEJ is a form of diversion. Generally, if
a defendant is granted DEJ, entry of judgment on the
defendant's guilty plea is deferred pending successful
completion of a program or other conditions. If a defendant
placed in a DEJ program fails to complete the program or
comply with the conditions imposed by the court, criminal
proceedings resume and the defendant, having already pleaded
guilty, is sentenced.
In the juvenile justice setting, DEJ is available to minors
who are at least 14 years of age and alleged to have committed
a felony offense. Additionally, the minor must have not been
previously declared a ward of the court for the commission of
a felony offense; the current offense charged must not be one
of the enumerated offenses in Welfare and Institutions Code
section 707(b); the minor must not have previously been
committed to the custody of the Division of Juvenile Justice;
the minor's record must not indicate that probation has ever
been revoked without being completed; and the minor must be
eligible for probation. (Welf. & Inst. Code, � 790, subd.
(a).)
The prosecuting attorney has to duty to determine whether the
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minor is eligible for DEJ and file a declaration with the
court or state on the record the grounds upon which the
determination was made. The minor must admit to the charges
and the court must also find that the minor is suitable for
DEJ. (Welf. & Inst. Code, � 790, subd. (b).) The court may
order terms and conditions that it deems appropriate during
the minor's participation in DEJ. (Welf. & Inst. Code, �
794.) If the minor successfully completes DEJ, the court will
dismiss the case. Along with the dismissal, the court will
order the case sealed and the minor's arrest is deemed never
to have occurred. (Welf. & Inst. Code, � 793, subd. (c).) If
the minor fails to successfully complete DEJ, the minor's
participation in the DEJ program will be terminated and he or
she will be declared a ward of the court and judgment will
entered based on the prior admission.
This bill would add to the list of factors that would
disqualify a minor from DEJ. Specifically, this bill adds the
crimes of rape, sodomy, oral copulation or an act of sexual
penetration when the victim was prevented from resisting due
to being rendered unconscious by any intoxicating,
anesthetizing, or controlled substance, or when the victim was
at the time incapable, because of mental disorder or
developmental or physical disability, of giving consent, and
that was known or reasonably should have been known to the
minor at the time of the offense. Under existing law, rape,
sodomy, oral copulation or an act of sexual penetration when
accomplished by use of force, violence, or threat of great
bodily injury are offenses listed in Welfare and Institutions
Code section 707(b), and ineligible for DEJ. (Welf. & Inst.
Code, � 790, subd. (a)(2).)
7)Arguments in Support :
a) According to the Santa Clara District Attorney's Office ,
the sponsor of this bill, "This bill would increase the
penalties for a juvenile that sexually assaults a person
who is in a defenseless state - unconscious or
developmentally disabled. Additionally, Audrie's Law would
create a crime enhancement for any sexual assault in which
the offender disseminates media of the incident with the
intent to further harm their victim."
b) According to the Association of Regional Center Agencies
(ARCA) , "Sexual assault is, in and of itself, a heinous
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crime. But when it is documented and made a weapon of
victim intimidation, no right-minded individual can be
anything but outraged. This bill expresses society's just
outrage in the form of increased punishments for the
offender.
"Minor offenders are currently shielded from public view
during court hearings. But our system recognizes that
certain crimes, regardless of the offender being a
juvenile, are so serious that the proceedings must be open.
ARCA fully supports the bill's fix of the loophole that
unreasonably keeps these types of assaults against someone
incapable of giving consent (for various reasons) from
being appropriately prosecuted."
8)Arguments in Opposition :
a) Human Rights Watch opposes SB 838. "If passed into law,
California would make an unprecedented introduction of
mandatory minimum sentences to its juvenile justice system.
Mandatory minimum sentences directly undermine the most
fundamental purpose of juvenile justice: the careful
consideration of a youth's individual rehabilitative needs.
Mandatory sentences fly in the face of research
demonstrating what works to turn around the lives of youth
who have committed serious crimes. What this bill proposes
is a step backwards, away from the direction courts and
policymakers have been moving to create a more just and
effective system for youth who commit crimes."
b) Center for Juvenile and Criminal Justice writes, "SB 838
would interfere with young people's ability to lead
productive lives. Closed courtrooms and deferred entry of
judgment protect youth from unnecessary punishment and
stigmatization, and are critical components of a system
founded on the assumption that young people are amenable to
rehabilitation and have the potential to become law-abiding
adults. Youth sex cases vary significantly in their
severity, and in some cases, justice is best served if the
youth can benefit from these protections."
9)Related Legislation :
a) AB 1335 (Maienschein) makes specified sex crimes
committed against victims with mental disorders or physical
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or developmental disabilities qualifying crimes for the
"One Strike Sex Law" and the vulnerable victim enhancement.
AB 1335 is pending hearing in the Senate Appropriations
Committee.
b) SB 922 (Knight) provides that a sex crime against a
mentally disordered, developmentally disabled, or
physically disabled person by force, duress or threats
shall be punished by the same prison sentences that apply
to sex crimes accomplished by force, duress or threats
against a child under the age of 14. SB 922 will be heard
by this Committee today.
c) SB 926 (Beall) extends the statute of limitations for
prosecuting sex crimes committed when a victim was under
the age of 18. SB 926 is pending hearing by this
Committee.
d) SB 1255 (Canella) provides, among other things, that
distribution without consent of an image of an intimate
body part or sexual act of another identifiable person is a
misdemeanor. SB 1255 is pending hearing by this Committee.
10)Previous Legislation :
a) SB 255 (Canella), Chapter 466, Statutes of 2013, created
a new misdemeanor for the distribution an image of an
identifiable person's intimate body parts which had been
taken with an understanding that the image would remain
private, commonly referred to as "revenge porn."
b) AB 321 (Hern�ndez), of the 2011-12 Legislative Session,
required additional penalties, including counseling and
community service, to be imposed on a minor adjudicated of
"sexting." AB 321 was held on the Assembly Appropriations
Committee's Suspense File.
c) AB 919 (Houston), Chapter 584, Statutes of 2008,
provided that every person who uses an electronic
communication device to harass another through the actions
of a third party, as specified, is guilty of a misdemeanor.
d) SB 1484 (Ackerman), Chapter 666, Statutes of 2004,
expanded the crime of disorderly conduct to include the use
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of a concealed instrumentality to secretly videotape
another fully or partially undressed person for the purpose
of viewing that person's body or undergarments without the
consent while that person is inside a bedroom, bathroom,
changing room, fitting room, dressing room, or tanning
booth, or in any other area in which that other person has
a reasonable expectation of privacy, with the intent to
invade that person's privacy.
REGISTERED SUPPORT / OPPOSITION :
Support
Santa Clara County District Attorney's Office (Sponsor)
American Association of University Women - California
Association of Regional Center Agencies
California Police Chiefs Association
California Protective Parents Association
Counseling and Support Services for Youth
Incest Survivors' Speakers Bureau of California
The Arc and United Cerebral Palsy California Coalition
Opposition
American Civil Liberties Union
California Alliance for Youth and Community Justice
California Attorneys for Criminal Justice
California Citizens United for Rehabilitation of Errants (CURE)
California Public Defenders Association
Center on Juvenile and Criminal Justice
Chief Probation Officers of California
Children's Defense Fund - California
East Bay Children's Law Offices
Ella Baker Center for Human Rights
Fathers & Families of San Joaquin
Friends Committee on Legislation of California
Human Rights Watch
National Compadres Network
Pacific Juvenile Defender Center
Jeff Adachi, San Francisco Public Defender
W. Haywood Burns Institute
Youth Justice Coalition
Youth Law Center
19 private individuals
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Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744