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

---

BILL NUMBER: SB 606	AMENDED
	BILL TEXT

	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, 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 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  $10,000 
 $20,000  and imprisonment in a county jail for a period of
not less than  30   5  days but not
exceeding one year. For a 3rd or subsequent conviction, the bill
would require a fine not exceeding  $10,000  
$30,000  and imprisonment in a county jail for a period of not
less than  60   30  days but not exceeding
one year. The bill would specify that harassment  may include
alarming, annoying, tormenting, or terrorizing conduct 
 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 
and that occurs   , 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
damages, as specified. 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.
   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 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 written 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  ten thousand dollars ($10,000) 
 twenty thousand dollars ($20,000)  and by imprisonment in a
county jail for not less than 30   five 
days but not exceeding one year. A third or subsequent conviction
under this section shall be punished by a fine not exceeding 
ten thousand dollars ($10,000)   thirty thousand
dollars ($30,000)  and by imprisonment in a county jail for not
less than  60   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 for actual damages,
disgorgement of profits, punitive damages, reasonable attorney's
fees, and costs.
   (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.