Bill Text: CA SB558 | 2023-2024 | Regular Session | Amended
Bill Title: Civil actions: childhood sexual abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 877, Statutes of 2023. [SB558 Detail]
Download: California-2023-SB558-Amended.html
Amended
IN
Assembly
June 19, 2023 |
Amended
IN
Senate
April 12, 2023 |
Introduced by Senator Rubio |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it a crime to possess, prepare, publish, produce, or exchange obscene matter depicting a person under 18 years of age personally engaging in or simulating sexual conduct. Existing law likewise makes it a crime to bring that material into the state for sale or distribution, to offer to distribute or exhibit, or to distribute or exhibit the same, as specified. Existing law defines “distribute” for purposes of these provisions to mean the transfer possession of, whether with or without consideration.
This bill would change the definition of “distribute” for these purposes to include exhibiting in public or giving possession except in certain circumstances, including, if the distribution is made in the course of a lawful public proceeding or the distribution is related to a matter of public concern or public interest, as specified.
By expanding the definition of a crime, this bill would create 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 340.1 of the Code of Civil Procedure is amended to read:340.1.
(a) (1) In an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions:As used in this chapter, the following definitions apply:
(a)“Obscene matter” means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(1)If it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.
(2)In prosecutions under this chapter, if circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and may justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value.
(3)In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in Section 311.4, is a factor that may be considered in making that
determination.
(b)“Matter” means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material. “Matter” also means live or recorded telephone messages if transmitted, disseminated, or distributed as part of a commercial transaction.
(c)“Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity.
(d)“Distribute”
includes exhibiting in public or giving possession, except if any of the following apply:
(1)The distribution is made in the course of reporting an unlawful activity.
(2)The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(3)The distribution is made in the course of a lawful public proceeding.
(4)(A)The distribution is related to a
matter of public concern or public interest.
(B)Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(e)“Knowingly” means being aware of the character of the matter or live conduct.
(f)“Exhibit” means show.
(g)“Obscene live conduct” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest and
is conduct that, taken as a whole, depicts or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(1)If it appears from the nature of the conduct or the circumstances of its production, presentation, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the conduct shall be judged with reference to its intended recipient group.
(2)In prosecutions under this chapter, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the conduct and may justify the conclusion that the conduct lacks serious literary, artistic, political, or scientific value.
(3)In determining whether the live conduct taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the live conduct depicts persons under the age of 16 years engaged in sexual conduct, as defined in Section 311.4, is a factor that may be considered in making that determination.
(h)The Legislature expresses its approval of the holding of People v. Cantrell, (1992) 7 Cal.App.4th
523, that, for the purposes of this chapter, matter that “depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct” is limited to visual works that depict that conduct.
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.