Fran Pavley
- Democratic
Author
(1) Existing law makes it a crime for a person, with knowledge that another person is a minor, to knowingly distribute, send, cause to be sent, exhibit, or offer to distribute or exhibit by electronic mail or the Internet any harmful matter, as defined, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or the minor, and with the intent or the purpose of seducing a minor. This bill would instead make it a misdemeanor or a felony for every person who knows, should have known, or believes that another person is a minor to distribute or exhibit harmful matter, as defined, depicting a minor or minors engaging in sexual conduct, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of engaging in sexual intercourse, sodomy, oral copulation, or with the intent that either person touch an intimate body part of the other. The bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 2, 3, or 5 years. If the matter used was harmful matter, as defined, but does not include a depiction of a minor engaged in sexual conduct, the bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months, or 2 or 3 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. (2) Existing law makes it a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years, or in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, to knowingly possess or control child pornography, as specified. The bill would make it either a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 5 years, or a misdemeanor, punishable by imprisonment in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, if the person knowingly possesses or controls child pornography, as specified, and the matter contains more than 600 images, as defined, at least 10 of which are images of prepubescent minors or minors under 12 years of age; or the matter portrays sexual sadism or sexual masochism involving a minor, as defined. This bill would make other technical, nonsubstantive, and conforming changes. Existing law, Proposition 83, as approved by the voters at the November 7, 2006, statewide general election, amended Section 311.11 of the Penal Code. The act authorizes the Legislature to amend its provisions to expand the scope of its application or to increase the punishments or penalties established by the act by a statute passed by a majority vote of each house thereof. Because the bill would increase punishments provided in the act, the bill may be passed by a majority vote of each house of the Legislature. Because a violation of the provisions would be 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.
Chaptered by Secretary of State. Chapter 777, Statutes of 2013.
Approved by the Governor.
Enrolled and presented to the Governor at 7 p.m.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2282.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 78. Noes 0. Page 3013.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 30).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (August 13).
Set, first hearing. Hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1171.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1007.) (May 23).
Set for hearing May 23.
Placed on APPR. suspense file.
Set for hearing April 29.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing April 22.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 467.) (April 9). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing April 9.
Set for hearing April 16.
Hearing postponed by committee.
From printer. May be acted upon on or after March 3.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB145 | HTML |
| 01/31/13 - Introduced | |
| 04/02/13 - Amended Senate | |
| 05/28/13 - Amended Senate | |
| 08/21/13 - Amended Assembly | |
| 09/03/13 - Amended Assembly | |
| 09/11/13 - Enrolled | |
| 10/12/13 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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