Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2691

Introduced by Assembly Member Quirk-Silva

February 14, 2024

An act to amend Section 23645 of the Penal Code, relating to firearms. add Section 647.4 to the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2691, as amended, Quirk-Silva. Firearms. Crimes: sexual harassment.
Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, the intentional distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. Under existing law, disorderly conduct is punishable as a misdemeanor.
This bill would make a person guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create, an intimate digital depiction of another individual without consent of that individual. The bill would define “intimate digital depiction” as an image or video of an individual that has been created or altered using digital manipulation and that depicts, among other things, an identifiable individual engaging in sexually explicit conduct. The bill would require this crime to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. By creating a new crime, the 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.

Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense.

This bill would make technical, nonsubstantive changes to these provisions.

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

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


SECTION 1.

 Section 647.4 is added to the Penal Code, to read:

647.4.
 (a) A person shall be guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create, an intimate digital depiction, as defined in subdivision (c), of another individual without consent of that individual.
(b) A person in violation of subdivision (a) shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c) For purposes of this section, an “intimate digital depiction” means an image or video of an individual that has been created or altered using digital manipulation and that depicts any of the following:
(1) The uncovered genitals, pubic area, anus, or postpubescent nipple of an identifiable individual.
(2) The display or transfer of bodily sexual fluids onto any part of the body of an identifiable individual from the body of an identifiable individual.
(3) An identifiable individual engaging in sexually explicit conduct.

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 23645 of the Penal Code is amended to read:
23645.

(a)Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).

(b)On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).

(c)(1)On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in the state.

(2)On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in the state.