Bill Text: CA AB1831 | 2023-2024 | Regular Session | Amended
Bill Title: Crimes: child pornography.
Spectrum: Slight Partisan Bill (Democrat 21-9)
Status: (Engrossed) 2024-08-19 - Read second time. Ordered to third reading. [AB1831 Detail]
Download: California-2023-AB1831-Amended.html
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Berman (Coauthors: Assembly Members Alanis, Calderon, Chen, Dixon, Flora, Grayson, Lackey, Low, Stephanie Nguyen, Joe Patterson, Pellerin, Petrie-Norris, Schiavo, Ta, Weber, Wilson, and Wood) (Coauthors: Senators Allen, Archuleta, Becker, Ochoa Bogh, Portantino, and Rubio) |
January 12, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it a crime to, among other things, possess any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct. Existing law defines person for these purposes as any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. Existing law defines obscene matter as matter taken as a whole, that to the
average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
This bill would, as it pertains to obscene matter, define “depicts a person under 18 years of age personally engaging in or simulating sexual conduct” as including a representation of a real or fictitious person through use of artificially intelligent software or computer-generated means, who is, or who a reasonable person would regard as being, a real person under 18 years of age, engaging in or simulating sexual conduct. The bill would make other conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law makes it a crime to knowingly send or cause to be sent, or bring or cause to be
brought, into this state for sale or distribution, or in this state possess, prepare, publish, produce, develop, duplicate, or print any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or exhibit to, or to exchange with, a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct.
This bill would expand that crime to include when the representation of information, data, or an image is a representation of a real or fictitious person created through use of artificially intelligent software or
computer-generated means, who is, or who a real person would regard as being, a real person under 18 years of age, engaging in or simulating, sexual conduct. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
As used in this chapter, the following definitions apply:
(a)“Obscene matter” means matter, including representations of real or fictitious persons generated through use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age, engaging in or simulating sexual conduct as defined in paragraph (1) of subdivision (d) of Section 311.4, that, taken as a whole, to the average person, applying contemporary statewide standards, appeals to the prurient interest,
that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(1)If it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.
(2)In prosecutions under this chapter, if circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and may justify the conclusion that the matter lacks serious literary, artistic, political,
or scientific value.
(3)In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may be considered in making that determination.
(b)“Matter” means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material. “Matter” also means live or recorded telephone messages if transmitted, disseminated, or
distributed as part of a commercial transaction.
(c)“Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity.
(d)“Distribute” means transfer possession of, whether with or without consideration.
(e)“Knowingly” means being aware of the character of the matter or live conduct.
(f)“Exhibit” means show.
(g)“Obscene live conduct” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest and is conduct that, taken as a whole, depicts
or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(1)If it appears from the nature of the conduct or the circumstances of its production, presentation, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the conduct shall be judged with reference to its intended recipient group.
(2)In prosecutions under this chapter, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the conduct and may justify the conclusion that the conduct lacks serious literary, artistic, political, or scientific value.
(3)In determining whether the live conduct taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the live conduct depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may be considered in making that determination.
(h)The Legislature expresses its approval of the holding of People v. Cantrell, 7 Cal. App. 4th 523, that, for the purposes of this chapter, matter that “depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct” is limited to visual works that depict that conduct.
(i)As it pertains to obscene matter, “depicts a person under 18 years of age personally engaging in or personally
simulating sexual conduct” includes a representation of a real or fictitious person through use of artificially intelligent software or computer-generated means, who is, or who a reasonable person would regard as being, a real person under 18 years of age, engaging in or simulating sexual conduct.
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 311 of the Penal Code is amended to read:311.
As used in this chapter, the following definitions apply:(c)
(d)
(e)
(f)
(g)
(h)
SEC. 3.
Section 311.1 of the Penal Code is amended to read:311.1.
(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, either any film or filmstrip, or any matter generated through the use of artificial intelligence, 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 underSEC. 2.SEC. 4.
Section 311.2 of the Penal Code is amended to read:311.2.
(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000).Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale, distribution, or exhibition of matter or obscene matter represented or held out by them to be obscene, is guilty of a misdemeanor.
SEC. 5.
Section 311.3 of the Penal Code is amended to read:311.3.
(a) A person is guilty of sexual exploitation of a child if(b)
(c)
(d)
(e)
(f)
SEC. 6.
Section 311.4 of the Penal Code is amended to read:311.4.
(a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which(2)As used in subdivisions (b) and (c), “matter” means any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, or any other computer-related equipment or computer-generated image that contains or incorporates in any manner, any film, filmstrip, photograph, negative, slide, photocopy, videotape, or video laser disc.
SEC. 4.SEC. 7.
Section 311.11 of the Penal Code is amended to read:311.11.
(a) (1) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, either any film or filmstrip, or any matter generated through the use of artificial intelligence, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.(e)This section
(f)
SEC. 5.SEC. 8.
Section 311.12 of the Penal Code is amended to read:311.12.
(a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter, obscene matter, or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the district attorney or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.