BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1255|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1255
Author: Cannella (R), et al.
Amended: 8/18/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 5/27/14
AYES: Anderson, Beall, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Berryhill, Calderon, Lara, Liu, Wright, Yee
ASSEMBLY FLOOR : 79-0, 8/21/14 - See last page for vote
SUBJECT : Disorderly conduct: unlawful distribution of image
SOURCE : Author
DIGEST : This bill expands the elements of the misdemeanor
offense which prohibits the unlawful distribution of a
consensually-taken image of an identifiable person's intimate
body parts.
CONTINUED
SB 1255
Page
2
Assembly Amendments add double-jointing language with AB 1791
(Maienschein) and SB 1388(Lieu, Hill, Mitchell) and narrow the
bill by deleting the following: the issuance of search
warrants; terms of probation for someone convicted of revenge
porn; clarification that revenge porn images are subject to
forfeiture from law enforcement; and the expansion of court
jurisdictions in which these cases may be heard.
ANALYSIS :
Existing law:
1.Provides that any person who photographs or records by any
means the image of another identifiable person with his/her
consent who is in a state of full or partial undress in an
area in which the person has a reasonable expectation of
privacy, and subsequently distributes the image with the
intent to cause serious emotional distress, and where the
person depicted does suffer serious emotional distress, is
guilty of a misdemeanor.
2.Makes it a misdemeanor for any person who looks through a hole
or opening, into, or otherwise views, by means of any
instrumentality, including, but not limited to, a periscope,
telescope, binoculars, camera, motion picture camera,
camcorder, or mobile phone, 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(s) inside.
3.Makes it a misdemeanor for any person to use a device to
secretly videotape or record by electronic means another
identifiable person under or through his/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.
4.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,
CONTINUED
SB 1255
Page
3
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.
5.Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct, with the intent to
distribute, exhibit, or exchange such material, is guilty of
either a misdemeanor punishable by imprisonment in the county
jail for up to one year, by a fine not to exceed $1,000, or
both, or guilty of a felony punishable by imprisonment in the
state prison, and/or a fine not to exceed $10,000.
6.Specifies that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of 18 years
engaging in or simulating sexual conduct for commercial
purposes is guilty of a felony, punishable by imprisonment in
the state prison for two, three, or six years and a fine up to
$100,000.
This bill:
1.Makes it a misdemeanor to intentionally and without consent
distribute an image of another identifiable person's intimate
body parts or depicting the person engaged in one of several
specified sexual acts, when the person distributing the image
knows, or should know, that its distribution will cause
serious emotional distress, and where the person depicted
suffers that distress.
2.Provides that a person intentionally distributes an image when
he/she personally distributes the image, or arranges,
specifically requests, or intentionally causes another person
to distribute it.
3.Defines "intimate body part" as any portion of the genitals,
the anus, and in the case of a female, also includes any
portion of the breasts below the top of the areola that is
either uncovered or clearly visible through clothing.
4.Makes distribution of the image exempt from prosecution if:
CONTINUED
SB 1255
Page
4
A. It is made in the course of reporting unlawful activity;
B. It is made in compliance with a subpoena or other court
order for use in a legal proceeding; or
C. It is made in the course of a lawful public proceeding.
1.Contains double-jointing language with AB 1791 (Maienschein)
and SB 1388 (Lieu, Hill, Mitchell).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, minor
non-reimbursable local law enforcement costs. It is unlikely
anyone will be incarcerated for this misdemeanor. Potential
costs will be offset to a degree by minor fine revenue.
SUPPORT : (Verified 8/21/14)
California Partnership to End Domestic Violence
California Police Chiefs Association
California State Sheriffs' Association
Citizens for Law and Order
Crime Victims Action Alliance
Crime Victims United of California
OPPOSITION : (Verified 8/21/14)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
ARGUMENTS IN SUPPORT : According to the author, "SB 1255 seeks
to strengthen the existing privacy law pertaining to revenge
porn by extending the protections offered by last year's SB 255
to include images a person takes of themselves.
"Revenge porn refers to the posting of illicit pictures of
another person without his/her consent, often as retaliation
following a bitter breakup between partners. Current law only
addresses half the problem.
CONTINUED
SB 1255
Page
5
"The distribution of a sexually explicit image an individual has
taken of another, identifiable person while in a private setting
without the subject's consent is prohibited under current law.
However, it is silent as to images a person may have taken of
themselves and which were subsequently distributed by others
without his/her consent.
"SB 1255 would prohibit the distribution of sexually explicit
images taken in a private setting without the consent of the
depicted person regardless of who created the image."
ASSEMBLY FLOOR : 79-0, 8/21/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Vacancy
JG:e 8/21/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED