Bill Text: CA AB1877 | 2015-2016 | Regular Session | Amended

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Bill Title: Lewd or obscene conduct.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1877 Detail]

Download: California-2015-AB1877-Amended.html

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BILL NUMBER: AB 1877	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Linder
   (Principal coauthor: Assembly Member Mathis)

                        FEBRUARY 10, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1877, as amended, 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 make technical, nonsubstantive changes to those
provisions.  
   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: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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.   (a)    Every person who,
willfully and lewdly,  does either of the following is guilty
of a misdemeanor:   either:  
   (1) 
    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.
  thereby; or,  
   (2) 
    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.   acts, is guilty of
a misdemeanor.  
   (b) Every 
    Every  person who violates  paragraph (1) of
subdivision (a)   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  the   a
 county jail not exceeding one year. 
   (c) A 
    A  second or subsequent conviction under 
paragraph (1) of subdivision (a),   subdivision 1 of
this section,  or a first conviction under  paragraph
(1) of subdivision (a)   subdivision 1 of this section
 after a previous conviction  under Section 288,
  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 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.