Bill Text: CA AB195 | 2015-2016 | Regular Session | Chaptered
Bill Title: Unauthorized access to computer systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 552, Statutes of 2015. [AB195 Detail]
Download: California-2015-AB195-Chaptered.html
BILL NUMBER: AB 195 CHAPTERED
BILL TEXT
CHAPTER 552
FILED WITH SECRETARY OF STATE OCTOBER 7, 2015
APPROVED BY GOVERNOR OCTOBER 7, 2015
PASSED THE SENATE SEPTEMBER 4, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Chau
JANUARY 28, 2015
An act to amend Section 653f of the Penal Code, relating to
computer crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 195, Chau. Unauthorized access to computer systems.
Existing law establishes various crimes related to computer
services and systems. Existing law makes it a crime to knowingly, and
without permission, access, cause to be accessed, or provide or
assist in providing a means of accessing, a computer, computer
system, computer network, or computer data in violation of prescribed
provisions, and defines related terms.
Existing law makes it a crime for a person, with the intent that
the crime be committed, to solicit another to commit or join in the
commission of prescribed crimes.
This bill would expand these provisions to make it a crime for a
person, with the intent that the crime be committed, to solicit
another to commit or join in the commission of the access crimes
related to computer services and systems. The bill would make it a
crime to offer to obtain or procure assistance for another to obtain
unauthorized access, or to assist others in locating hacking
services, as defined. The bill would make a violation of this
provision punishable by imprisonment in a county jail for a term not
to exceed 6 months, or imprisonment for a term not to exceed one year
for subsequent violations.
By expanding the scope of existing crimes, 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 653f of the Penal Code is amended to read:
653f. (a) Every person who, with the intent that the crime be
committed, solicits another to offer, accept, or join in the offer or
acceptance of a bribe, or to commit or join in the commission of
carjacking, robbery, burglary, grand theft, receiving stolen
property, extortion, perjury, subornation of perjury, forgery,
kidnapping, arson or assault with a deadly weapon or instrument or by
means of force likely to produce great bodily injury, or, by the use
of force or a threat of force, to prevent or dissuade any person who
is or may become a witness from attending upon, or testifying at,
any trial, proceeding, or inquiry authorized by law, shall be
punished by imprisonment in a county jail for not more than one year
or pursuant to subdivision (h) of Section 1170, or by a fine of not
more than ten thousand dollars ($10,000), or the amount which could
have been assessed for commission of the offense itself, whichever is
greater, or by both the fine and imprisonment.
(b) Every person who, with the intent that the crime be committed,
solicits another to commit or join in the commission of murder shall
be punished by imprisonment in the state prison for three, six, or
nine years.
(c) Every person who, with the intent that the crime be committed,
solicits another to commit rape by force or violence, sodomy by
force or violence, oral copulation by force or violence, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for two, three, or four years.
(d) (1) Every person who, with the intent that the crime be
committed, solicits another to commit an offense specified in Section
11352, 11379, 11379.5, 11379.6, or 11391 of the Health and Safety
Code shall be punished by imprisonment in a county jail not exceeding
six months. Every person who, having been convicted of soliciting
another to commit an offense specified in this subdivision, is
subsequently convicted of the proscribed solicitation, shall be
punished by imprisonment in a county jail not exceeding one year, or
pursuant to subdivision (h) of Section 1170.
(2) This subdivision does not apply where the term of imprisonment
imposed under other provisions of law would result in a longer term
of imprisonment.
(e) Every person who, with the intent that the crime be committed,
solicits another to commit an offense specified in Section 14014 of
the Welfare and Institutions Code shall be punished by imprisonment
in a county jail for not exceeding six months. Every person who,
having been convicted of soliciting another to commit an offense
specified in this subdivision, is subsequently convicted of the
proscribed solicitation, shall be punished by imprisonment in a
county jail not exceeding one year, or pursuant to subdivision (h) of
Section 1170.
(f) (1) Every person who, with the intent that the crime be
committed, solicits another to commit an offense set forth in Section
502 shall be punished as set forth in paragraph (3).
(2) Every person who, with the intent that the crime be committed,
offers to solicit assistance for another to conduct activities in
violation of Section 502 shall be punished as set forth in paragraph
(3). This includes persons operating Internet Web sites that offer to
assist others in locating hacking services. For the purposes of this
section "hacking services" means assistance in the unauthorized
access to computers, computer systems, or data in violation of
Section 502.
(3) Every person who violates this subdivision shall be punished
by imprisonment in a county jail for a period not to exceed six
months. Every subsequent violation of this subdivision by that same
person shall be punished by imprisonment in a county jail not
exceeding one year.
(g) An offense charged in violation of subdivision (a), (b), or
(c) shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances. An offense charged in
violation of subdivision (d), (e), or (f) shall be proven by the
testimony of one witness and corroborating circumstances.
(h) Nothing in this section precludes prosecution under any other
law that provides for a 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.
