Bill Text: CA AB832 | 2015-2016 | Regular Session | Amended

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Bill Title: Child abuse: reportable conduct.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-02-01 - Died on inactive file. [AB832 Detail]

Download: California-2015-AB832-Amended.html

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BILL NUMBER: AB 832	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 26, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015

INTRODUCED BY   Assembly Member Cristina Garcia
   (Coauthor: Assembly Member Eggman)

                        FEBRUARY 26, 2015

   An act to amend Section 11165.1 of the Penal Code, relating to
child abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 832, as amended, Cristina Garcia. Child abuse: reportable
conduct.
   The Child Abuse and Neglect Reporting Act requires a mandated
reporter, as defined, to make a report to a specified agency whenever
the mandated reporter, in his or her professional capacity or within
the scope of his or her employment, has knowledge of or observes a
child whom the mandated reporter knows or reasonably suspects has
been the victim of child abuse or neglect. Existing law provides that
"child abuse or neglect" for these purposes includes "sexual
assault," that includes, among other things, the crimes of sodomy,
oral copulation, and sexual penetration.
   This bill would provide that "sexual assault" for these purposes
does not include voluntary sodomy, oral copulation, or sexual
penetration,  if there are no indicators of abuse,  unless
that conduct is between a person who is 21 years of age or older and
a minor who is under 16 years of age.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11165.1 of the Penal Code is amended to read:
   11165.1.  As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
   (a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b) of, or paragraph (1)
of subdivision (c) of, Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation). "Sexual assault" for the purposes of this
article does not include voluntary conduct in violation of Section
286, 288a, or 289,  if there are no indicators of abuse, 
unless the conduct is between a person 21 years of age or older and a
minor who is under 16 years of age.
   (b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
   (1) Penetration, however slight, of the vagina or anal opening of
one person by the penis of another person, whether or not there is
the emission of semen.
   (2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
   (3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
   (4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and
buttocks, or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
   (5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
   (c) "Sexual exploitation" refers to any of the following:
   (1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of a minor to perform obscene acts).
   (2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child's welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose or
model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct. For the purpose of this
section, "person responsible for a child's welfare" means a parent,
guardian, foster parent, or a licensed administrator or employee of a
public or private residential home, residential school, or other
residential institution.
   (3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.