BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1255
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 1255 (Canella) - As Amended:  June 26, 2014 

          Policy Committee:                             Public Safety  
          Vote:        7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands and clarifies elements of the misdemeanor that  
          prohibits unlawful distribution of a consensually-taken image of  
          a person's intimate body parts to cause emotional distress by  
          including self-portraiture and deleting the requirement that  
          there be intent to cause distress, instead requiring knowledge  
          the act would cause serious emotional distress. 

           FISCAL EFFECT  

          Minor non-reimbursable local law enforcement costs. It is  
          unlikely anyone would be incarcerated for this misdemeanor.  
          Potential costs would be offset to a degree by minor fine  
          revenue.  

           COMMENTS  

           1)Rationale  . This bill deals with so-called revenge porn. Last  
            SB 255 (Canella), Chapter 466, created a new misdemeanor for  
            the distribution of an image of a person's intimate body parts  
            taken with an understanding it would remain private.   
            Specifically, the current crime requires: (a) the defendant be  
            the person who takes the photograph; (b) the parties had an  
            agreement the image would remain private; (c) the distribution  
            was made with the intent to cause serious emotional distress,  
            and, (d) the person depicted does in fact suffer serious  
            emotional distress.

          SB 255 did not account for "selfies." This bill deletes the  
            requirement the defendant be the photographer. This bill also  
            deletes the requirement the defendant intended to cause  








                                                                  SB 1255
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            serious emotional distress and instead requires the defendant  
            knew, or should have known, that distribution of the image  
            would cause serious emotional distress.  

           2)Support  . According to the California Partnership to End  
            Domestic Violence, "Many survivors of domestic violence have  
            experienced this specific abuse tactic. It is especially  
            common when the victim has left the relationship, and as an  
            attempt to exact revenge and exert power over the victim, an  
            abuser will post extremely personal pictures of a sexually  
            charged nature."

           3)Opposition  . The ACLU opposes deleting the requirement that  
            there be intent to cause distress.


            Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081