Bill Text: CA SB606 | 2013-2014 | Regular Session | Chaptered


Bill Title: Harassment: child or ward.

Status: (Passed) 2013-09-24 - Chaptered by Secretary of State. Chapter 348, Statutes of 2013. [SB606 Detail]

Download: California-2013-SB606-Chaptered.html
BILL NUMBER: SB 606	CHAPTERED
	BILL TEXT

	CHAPTER  348
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 19, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 20, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator De León

                        FEBRUARY 22, 2013

   An act to amend Section 11414 of the Penal Code, relating to
harassment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 606, De León. Harassment: child or ward.
   Under existing law, any person who intentionally harasses the
child or ward of any other person because of that person's employment
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding 6 months, or by a fine not exceeding $1,000, or
both. Under existing law, that crime is punishable by mandatory
imprisonment in a county jail for not less than 5 days for a 2nd
conviction, and by mandatory imprisonment in a county jail for not
less than 30 days for a 3rd or subsequent conviction.
   This bill would make a violation of the above provisions
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding $10,000, or by both that fine and
imprisonment for a first conviction. For a 2nd conviction, the bill
would require a fine not exceeding $20,000 and imprisonment in a
county jail for a period of not less than 5 days but not exceeding
one year. For a 3rd or subsequent conviction, the bill would require
a fine not exceeding $30,000 and imprisonment in a county jail for a
period of not less than 30 days but not exceeding one year. The bill
would specify that harassment means knowing and willful conduct
directed at a specific child or ward that seriously alarms, annoys,
torments, or terrorizes the child or ward, and that serves no
legitimate purpose, including, but not limited to, that conduct
occurring during the course of any actual or attempted recording of
the child's or ward's image or voice without the written consent of
the child's or ward's parent or legal guardian, by following the
child's or ward's activities or by lying in wait. The bill would
specify that, upon a violation of the above provisions, a parent or
legal guardian of an aggrieved child or ward may bring a civil action
against the violator on behalf of the child or ward for specified
remedies. The bill would additionally provide that the act of
transmitting, publishing, or broadcasting a recording of the image or
voice of a child does not constitute commission of the offense.
   By increasing the punishment for a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11414 of the Penal Code is amended to read:
   11414.  (a) Any person who intentionally harasses the child or
ward of any other person because of that person's employment shall be
punished by imprisonment in a county jail not exceeding one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
that fine and imprisonment.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Child" and "ward" mean a person under 16 years of age.
   (2) "Harasses" means knowing and willful conduct directed at a
specific child or ward that seriously alarms, annoys, torments, or
terrorizes the child or ward, and that serves no legitimate purpose,
including, but not limited to, that conduct occurring during the
course of any actual or attempted recording of the child's or ward's
image or voice, or both, without the express consent of the parent or
legal guardian of the child or ward, by following the child's or
ward's activities or by lying in wait. The conduct must be such as
would cause a reasonable child to suffer substantial emotional
distress, and actually cause the victim to suffer substantial
emotional distress.
   (3) "Employment" means the job, vocation, occupation, or
profession of the parent or legal guardian of the child or ward.
   (c) A second conviction under this section shall be punished by a
fine not exceeding twenty thousand dollars ($20,000) and by
imprisonment in a county jail for not less than five days but not
exceeding one year. A third or subsequent conviction under this
section shall be punished by a fine not exceeding thirty thousand
dollars ($30,000) and by imprisonment in a county jail for not less
than 30 days but not exceeding one year.
   (d) Upon a violation of this section, the parent or legal guardian
of an aggrieved child or ward may bring a civil action against the
violator on behalf of the child or ward. The remedies in that civil
action shall be limited to one or more of the following: actual
damages, punitive damages, reasonable attorney's fees, costs,
disgorgement of any compensation from the sale, license, or
dissemination of a child's image or voice received by the individual
who, in violation of this section, recorded the child's image or
voice, and injunctive relief against further violations of this
section by the individual.
   (e) The act of transmitting, publishing, or broadcasting a
recording of the image or voice of a child does not constitute a
violation of this section.
   (f) This section does not preclude prosecution under any section
of law that provides for greater punishment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.                     
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