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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Harassment: child or ward.

Spectrum: Partisan Bill (Democrat 1-0)

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

Download: California-2013-SB606-Amended.html
SB 606   Senate Bill – AMENDED

Amended in Assembly June 20, 2013

Amended in Senate May 7, 2013

Amended in Senate April 9, 2013

Senate BillNo. 606


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, as amended, 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 for not less than 10 days but not exceeding one year for a first conviction. For a 2nd conviction, the bill would require a fine not exceeding $10,000 and imprisonment in a county jail for a period of not less than 30 days but not exceeding one year. For a 3rd or subsequent conviction, the bill would require a fine not exceeding $10,000 and imprisonment in a county jail for a period of not less than 60 days but not exceeding one year. The bill would specify that harassment may includebegin insert alarming, annoying, tormenting, or terrorizing conduct that serves no legitimate purpose and that occurs during the course ofend insert any actual or attempted recording of the child’sbegin insert or ward’send insert image or voice without the written consent of the child’sbegin insert or ward’send insert parent or legal guardian, by following the child’sbegin insert or ward’send insert activities orbegin insert byend insert lying in wait. The bill would specify thatbegin insert, uponend insert a violation of the above provisionsbegin delete would give rise to civil liability in an actionend deletebegin insert, 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 wardend insert for damages, as specified.begin insert 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.end insert

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11414 of the Penal Code is amended to
2read:

3

11414.  

(a) Any person who intentionally harasses the child or
4ward of any other person because of that person’s employment
5shall be punished by imprisonment in a county jail for not less
6than 10 days but not exceeding one year.

7(b) For purposes of this section, the following definitions shall
8apply:

9(1) “Child” and “ward” mean a person under 16 years of age.

10(2) “Harasses” means knowing and willful conduct directed at
11a specific childbegin insert or wardend insert that seriously alarms, annoys, torments,
12or terrorizes the childbegin insert or wardend insert, and that serves no legitimate
13purpose, including, but not limited to,begin insert that conduct occurring
14during the course ofend insert
any actual or attempted recording of the
15child’sbegin insert or ward’send insert image or voice, or both, without the written
16consent of thebegin delete child’send delete parent or legal guardianbegin insert of the child or wardend insert,
17by following the child’sbegin insert or ward’send insert activities orbegin insert byend insert lying in wait.
P3    1The conduct must be such as would cause a reasonable child to
2suffer substantial emotional distress, and actually cause the victim
3to suffer substantial emotional distress.

4(3) “Employment” means the job, vocation, occupation, or
5profession of the parent or legal guardian of the child or ward.

6(c) A second conviction under this section shall be punished by
7a fine not exceeding ten thousand dollars ($10,000) and by
8 imprisonment in a county jail for not less than 30 days but not
9exceeding one year. A third or subsequent conviction under this
10section shall be punished by a fine not exceeding ten thousand
11dollars ($10,000) and by imprisonment in a county jail for not less
12than 60 days but not exceeding one year.

13(d) begin deleteA end deletebegin insertUpon end insertbegin inserta end insertviolation of thisbegin delete section shall also give rise to civil
14liability in an action for damages in which the parent or legal
15guardian of the child may seekend delete
begin insert section, the parent or legal guardian
16of an aggrieved child or ward, may bring a civil action against
17the violator on behalf of the child or ward forend insert
actual damages,
18disgorgement of profits, punitive damages, reasonable attorney’s
19fees, and costs.

begin insert

20(e) The act of transmitting, publishing, or broadcasting a
21recording of the image or voice of a child does not constitute a
22violation of this section.

end insert
begin insert

23(f) This section does not preclude prosecution under any section
24of law that provides for greater punishment.

end insert
25

SEC. 2.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.



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