AB-1877: Lewd or obscene conduct. Linder

Session Year: 2015-2016

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Hearings for AB-1877

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to amend Section 314 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1877, Assembly Member Linder. Lewd or obscene conduct.

Existing law provides that any person who exposes his or her person, or the private parts thereof, in a public place or in any place where there are present other persons to be offended or annoyed by that act is guilty of a misdemeanor, except as specified. A 2nd or subsequent conviction of that act, or a first conviction of that act after a prior conviction for a specified lewd or lascivious act, is a felony punishable by imprisonment in the state prison.

This bill would instead make a first conviction of exposing oneself when it occurs in state prison or a county jail punishable as a felony in the state prison, and make a first conviction of that act after a prior conviction requiring registration as a sex offender punishable as a felony in the state prison. Because this bill would increase the penalties for an existing crime, it 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 Required: majority Appropriation: no Fiscal Committee: yes Local Program: yes

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

SECTION 1. Section 314 of the Penal Code is amended to read:
314.

Every person who, willfully and lewdly, either:

1.Exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

2.Procures, counsels, or assists any person so to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in a county jail not exceeding one year.

A second or subsequent conviction under subdivision 1 of this section, or a first conviction under subdivision 1 of this section after a previous conviction requiring registration pursuant to subdivision (c) of Section 290, or a first conviction under subdivision 1 of this section when the offense occurs in state prison or a county jail, is punishable as a felony by imprisonment in state prison.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

Bill Version

March 15, 2016 - Amended in Assembly

Bill Activity

Introduced by

Assembly Member Linder
February 10, 2016

Amended in Assembly

March 15, 2016

Votes

History

Date Action
04/05/16 In committee: Set, first hearing. Held without recommendation.
03/16/16 Re-referred to Com. on PUB. S.
03/15/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
03/14/16 Referred to Com. on PUB. S.
02/11/16 From printer. May be heard in committee March 12.
02/10/16 Read first time. To print.
03/16/16 Re-referred to Com. on PUB. S.
03/15/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
03/14/16 Referred to Com. on PUB. S.
02/11/16 From printer. May be heard in committee March 12.
02/10/16 Read first time. To print.
03/15/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
03/14/16 Referred to Com. on PUB. S.
02/11/16 From printer. May be heard in committee March 12.
02/10/16 Read first time. To print.
03/14/16 Referred to Com. on PUB. S.
02/11/16 From printer. May be heard in committee March 12.
02/10/16 Read first time. To print.
02/11/16 From printer. May be heard in committee March 12.
02/10/16 Read first time. To print.
02/10/16 Read first time. To print.

Bill Analysis

Date Analysis
04/04/16 Assembly Public Safety

Today's Law as Amended

Status

Bill Status
Measure: AB-1877
Lead Authors: Linder
Principal Coauthors: Mathis
Coauthors: -
Topic: Lewd or obscene conduct.
31st Day in Print: 03/12/16
Title: An act to amend Section 314 of the Penal Code, relating to crimes.
House Location: Assembly
Introduced Date: 02/10/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
04/05/16 In committee: Set, first hearing. Held without recommendation.
03/16/16 Re-referred to Com. on PUB. S.
03/15/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
03/14/16 Referred to Com. on PUB. S.
02/11/16 From printer. May be heard in committee March 12.

Comments to Author