Bill Text: CA AB1598 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1598 (Prior Session Legislation)

Bill Title: Impersonation for the purpose of a sexual relationship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1598 Detail]

Download: California-2019-AB1598-Amended.html

Amended IN Assembly March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1598

Introduced by Assembly Member Fong

February 22, 2019

An act to amend ~~Section 50 of the Revenue and Taxation Code, relating to taxation.~~ Section 528.5 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1598, as amended, Fong. ~~Property taxes.~~ Impersonation for the purpose of a sexual relationship.

Existing law makes it a misdemeanor to, knowingly and without consent, credibly impersonate another actual person through an internet website, or by other electronic means, for purposes of harming, intimidating, threatening, or defrauding another person. Existing law includes in the definition of “electronic means” for this purpose opening an email account or an account or profile on a social networking internet website in another person’s name.
This bill would make it a misdemeanor to, knowingly and without consent, credibly impersonate another actual person through or on an internet website or by other electronic means for the purpose of soliciting a sexual relationship with another person. The bill would also expand the definition of “electronic means” to include opening an email account, an account or profile on a social networking internet website or mobile application, or an account or profile on a dating service internet website or mobile application by using another person’s name, photograph, or personal identifying information with the intent to cause another person to believe that the defendant is, or was, the other person. By expanding the definition of 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.
The California Constitution generally limits the maximum amount of any ad valorem tax on real property to 1% of its full cash value and defines “full cash value” for these purposes as the county assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. Existing property tax law requires the assessor to determine a new base year value for the portion of any taxable real property which has been newly constructed and prohibits new construction that is in progress from acquiring a new base year value until the date of completion. Existing law sets forth when the value of newly constructed property or new construction in progress is required to be set forth on the roll.
~~This bill would make nonsubstantive changes to that latter provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

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

SECTION 1.

Section 528.5 of the Penal Code is amended to read:

528.5.

(a) Notwithstanding any other ~~provision of~~ law, ~~any~~ a person who knowingly and without consent credibly impersonates another actual person through or on an ~~Internet Web site~~ internet website or by other electronic means for purposes of harming, intimidating, threatening, ~~or defrauding~~ defrauding, or initiating a sexual relationship with another person is guilty of a public offense punishable pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.

(c) For purposes of this section, “electronic means” ~~shall include~~ includes opening an ~~e-mail account or~~ email account, an account or profile on a social networking ~~Internet Web site~~ internet website or mobile application, or an account or profile on a dating service internet website or mobile application in another person’s ~~name.~~ name, using another person’s photograph, or using another person’s personal identifying information, as defined in subdivision (b) of Section 530.55, with the intent to cause another person to believe that the defendant is, or was, the other person.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502.

(f) This section shall not preclude prosecution under any other law.

(g) This section does not apply to law enforcement officials acting within the scope of their employment investigating internet crimes.
(h) This section does not apply to content that is satire or parody.
(i) This section does not impose liability on an interactive computer service, as defined in Section 230 of Title 47 of the United States Code.

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.

SECTION 1.Section 50 of the Revenue and Taxation Code is amended to read:
50.
For purposes of base year values as determined by Section 110.1, values determined for property that is purchased or changes ownership after the 1975 lien date shall be entered on the roll for the lien date next succeeding the date of the purchase or change in ownership. Values determined after the 1975 lien date for property that is newly constructed shall be entered on the roll for the lien date next succeeding the date of completion of the new construction. The value of new construction in progress on the lien date shall be entered on the roll as of the lien date. However, the value of new construction in progress shall not be a base year value until completion of that construction, as described in Section 71.