BILL NUMBER: SB 606	AMENDED
	BILL TEXT

	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, 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  or by imprisonment in
a county jail for 16 months, or 2 or 3 years  for a first
conviction. For a 2nd conviction, the bill would require a fine not
exceeding $10,000 and  either  imprisonment in 
a  county jail for a period of not less than  5
  30  days but not exceeding one year  or
by imprisonment in a county jail for 16 months, or 2 or 3 years
 . For a 3rd or subsequent conviction, the bill would
require a fine not exceeding $10,000 and  either 
imprisonment in  a  county jail for a period of not less
than  30   60  days but not exceeding one
year  or by imprisonment in a county jail for 16 months, or 2
or 3 years  . The bill would specify that harassment may
include any actual or attempted recording of the child's image or
voice without the written consent of the child's parent or legal
guardian, by following the child's activities or lying in wait. The
bill would specify that a violation of the above provisions would
give rise to civil liability in an action for damages, as specified.
   By increasing the punishment for a crime  and imposing new
duties on local prosecutors  , 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:

  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  for not less than 10
days but  not exceeding one year  or by imprisonment
pursuant to subdivision (h) of Section 1170  .
   (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 that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate purpose, including, but not
limited to, any actual or attempted recording of the child's image
or voice, or both, without the written consent of the child's parent
or legal guardian, by following the child's activities or 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 ten thousand dollars ($10,000) and by 
either  imprisonment in a county jail for not less than
 five   30  days but not exceeding one year
 or by imprisonment pursuant to subdivision (h) of Section
1170  . A third or subsequent conviction under this section
shall be punished by a fine not exceeding ten thousand dollars
($10,000) and by either  imprisonment in a county
jail for not less than  30   60  days but
not exceeding one year  or by imprisonment pursuant to
subdivision (h) of Section 1170  .
   (d) A violation of this section shall also give rise to civil
liability in an action for damages in which the parent or legal
guardian of the child may seek actual damages, disgorgement of
profits, punitive damages, reasonable attorney's fees, and costs.
  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.