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AB-1877 Lewd or obscene conduct.(2015-2016)

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AB1877:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1877

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: NOYES   Local Program: NOYES  

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.