Bill Text: CA SB500 | 2017-2018 | Regular Session | Chaptered
Bill Title: Extortion.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-10-05 - Chaptered by Secretary of State. Chapter 518, Statutes of 2017. [SB500 Detail]
Download: California-2017-SB500-Chaptered.html
| Senate Bill No. 500 |
| CHAPTER 518 |
An act to amend Sections 518, 520, 523, 524, and 526 of the Penal Code, relating to extortion.
[
Approved by
Governor
October 05, 2017.
Filed with
Secretary of State
October 05, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 500, Leyva.
Extortion.
Existing law defines extortion as the obtaining of property from another, with his
or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.
This bill would include within the definition of extortion the obtaining of consideration, as defined, by force, fear, or under color of official right. The bill would define “consideration” as anything of value, including enumerated sexual
acts or sexual images.
By changing the elements of the crime of extortion, 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 518 of the Penal Code is amended to read:518.
(a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.(b) For purposes of this chapter, “consideration” means anything of value, including
sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647.
(c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part.
SEC. 2.
Section 520 of the Penal Code is amended to read:520.
Every person who extorts property or other consideration from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.SEC. 3.
Section 523 of the Penal Code is amended to read:523.
(a) Every person who, with intent to extort property or other consideration from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519 is punishable in the same manner as if such property or other consideration were actually obtained by means of such threat.(b) (1) Every person who, with intent to extort property or other consideration from another, introduces ransomware into any computer, computer system, or computer network is punishable pursuant to Section 520 in the same manner as if such property or other consideration were actually obtained by means of the ransomware.
(2) Prosecution pursuant to this subdivision does not prohibit or limit prosecution under any other law.
(c) (1) “Ransomware” means a computer contaminant, as defined in Section 502, or lock placed or introduced without authorization into a computer, computer system, or computer network that restricts access by an authorized person to the computer, computer system, computer network, or any data therein under circumstances in which the person responsible for the placement or introduction of the ransomware demands payment of money or other consideration to remove the computer contaminant, restore access to the computer, computer system, computer network, or data, or otherwise remediate the impact of the computer contaminant or lock.
(2) A person is responsible for placing or introducing ransomware into a computer, computer system, or computer network if the person directly places or introduces the ransomware or directs or induces another person to do so, with the intent
of demanding payment or other consideration to remove the ransomware, restore access, or otherwise remediate the impact of the ransomware.
