AMENDED IN SENATE MAY 20, 2024

AMENDED IN SENATE APRIL 22, 2024

SENATE BILL No. 1414

Introduced by Senators Grove, Caballero, and Rubio

(Coauthors: Senators Alvarado-Gil, Ashby, Dahle, Jones, Nguyen,
Niello, Ochoa Bogh, Seyarto, and Wilk)

February 16, 2024

An act to amend Sections 290 and 647 of the Penal Code, relating to
crimes.

legislative counsel’s digest

SB 1414, as amended, Grove. Crimes: solicitation of a minor.
Under existing law, a person who solicits, or who agrees to engage
in, or who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person is
guilty of disorderly conduct, a misdemeanor.
Under existing law, if the person solicited was a minor, and the person
who solicited the minor knew or reasonably should have known that
the person solicited was a minor, the offense is punishable by
imprisonment in the county jail for a mandatory minimum of 2 days
and not to exceed one year, by a fine not to exceed $10,000 or by both
such fine and imprisonment.
This bill would also require that the defendant who solicited the minor
be 18 years of age or older. This bill would make this offense applicable
only to a defendant who is 18 years of age or older at the time of the
offense. The bill would, if the person solicited was under 16 years of
age, make the offense punishable as a wobbler by imprisonment in the
county jail for not more than 1 year and a fine not to exceed $10,000
or by imprisonment in the county jail for 16 months or 2 or 3 years. For

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a 2nd or subsequent offense, if the person solicited was under 16 years

of age, the bill would require that the offense be punishable as a felony
by imprisonment in the county jail for 16 months or 2 or 3 years.
By changing the elements and increasing the punishment of a crime,
this bill would impose a state-mandated local program.
Existing law requires persons convicted of certain specified crimes
to annually register as a sex offender, as specified, for a term of 10, 20,
or 30 years.
This bill would require a person who is 18 years of age or older, on
or after January 1, 2025, is convicted of, and who has a prior conviction
for, soliciting a minor, as specified, to annually register as a sex offender
for a term of 10 years if, at the time of the offense, the person was more
than 10 years older than the solicited minor.
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: yes.​
State-mandated local program: yes.​

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

line 1 SECTION 1. Section 290 of the Penal Code is amended to

line 2 read:
line 3 290. (a) Sections 290 to 290.024, inclusive, shall be known,
line 4 and may be cited, as the Sex Offender Registration Act. All
line 5 references to “the Act” in those sections are to the Sex Offender
line 6 Registration Act.
line 7 (b) Every person described in subdivision (c), for the period
line 8 specified in subdivision (d) while residing in California, or while
line 9 attending school or working in California, as described in Sections
line 10 290.002 and 290.01, shall register with the chief of police of the
line 11 city in which the person is residing, or the sheriff of the county if
line 12 the person is residing in an unincorporated area or city that has no
line 13 police department, and, additionally, with the chief of police of a
line 14 campus of the University of California, the California State
line 15 University, or community college if the person is residing upon
line 16 the campus or in any of its facilities, within five working days of
line 17 coming into, or changing the person’s residence within, any city,

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line 1 county, or city and county, or campus in which the person

line 2 temporarily resides, and shall register thereafter in accordance
line 3 with the Act, unless the duty to register is terminated pursuant to
line 4 Section 290.5 or as otherwise provided by law.
line 5 (c) (1) The following persons shall register:
line 6 Every
line 7 (1) A person who, since July 1, 1944, has been or is hereafter
line 8 convicted in any court in this state or in any federal or military
line 9 court of a violation of Section 187 committed in the perpetration,
line 10 or an attempt to perpetrate, rape, or any act punishable under
line 11 Section 286, 287, 288, or 289 or former Section 288a, Section 207
line 12 or 209 committed with intent to violate Section 261, 286, 287,
line 13 288, or 289 or former Section 288a, Section 220, except assault
line 14 to commit mayhem, subdivision (b) or (c) of Section 236.1, Section
line 15 243.4, Section 261, paragraph (1) of subdivision (a) of former
line 16 Section 262 involving the use of force or violence for which the
line 17 person is sentenced to the state prison, Section 264.1, 266, or 266c,
line 18 subdivision (b) of Section 266h, subdivision (b) of Section 266i,
line 19 Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5,
line 20 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c),
line 21 or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or
line 22 647.6, former Section 647a, subdivision (c) of Section 653f,
line 23 subdivision 1 or 2 of Section 314, any offense involving lewd or
line 24 lascivious conduct under Section 272, or any felony violation of
line 25 Section 288.2; any statutory predecessor that includes all elements
line 26 of one of the offenses described in this subdivision; or any person
line 27 who since that date has been or is hereafter convicted of the attempt
line 28 or conspiracy to commit any of the offenses described in this
line 29 subdivision.
line 30 (2) (A) A person who is 18 years of age or older, is convicted
line 31 on or after January 1, 2025, of a violation of paragraph (2) of
line 32 subdivision (l) of Section 647, and has a prior conviction for a
line 33 violation of subparagraph (A) of paragraph (2) of subdivision (l)
line 34 of Section 647 shall register if, at the time of the offense, the person
line 35 was more than 10 years older than the solicited minor, as measured
line 36 from the minor’s date of birth to the person’s date of birth, and the
line 37 conviction is the only one requiring the person to register.
line 38 (B) This paragraph does not preclude the court from requiring
line 39 a person to register pursuant to Section 290.006.

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line 1 (3) Notwithstanding paragraph (1), a person convicted of a

line 2 violation of subdivision (b) of Section 286, subdivision (b) of
line 3 Section 287, or subdivision (h) or (i) of Section 289 shall not be
line 4 required to register if, at the time of the offense, the person is not
line 5 more than 10 years older than the minor, as measured from the
line 6 minor’s date of birth to the person’s date of birth, and the
line 7 conviction is the only one requiring the person to register. This
line 8 paragraph does not preclude the court from requiring a person to
line 9 register pursuant to Section 290.006.
line 10 (d) A person described in subdivision (c), or who is otherwise
line 11 required to register pursuant to the Act shall register for 10 years,
line 12 20 years, or life, following a conviction and release from
line 13 incarceration, placement, commitment, or release on probation or
line 14 other supervision, as follows:
line 15 (1) (A) A tier one offender is subject to registration for a
line 16 minimum of 10 years. A person is a tier one offender if the person
line 17 is required to register for conviction of a misdemeanor described
line 18 in subdivision (c), or for conviction of a felony described in
line 19 subdivision (c) that was not a serious or violent felony as described
line 20 in subdivision (c) of Section 667.5 or subdivision (c) of Section
line 21 1192.7.
line 22 (B) This paragraph does not apply to a person who is subject
line 23 to registration pursuant to paragraph (2) or (3).
line 24 (2) (A) A tier two offender is subject to registration for a
line 25 minimum of 20 years. A person is a tier two offender if the person
line 26 was convicted of an offense described in subdivision (c) that is
line 27 also described in subdivision (c) of Section 667.5 or subdivision
line 28 (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section
line 29 286, subdivision (g) or (h) of Section 287 or former Section 288a,
line 30 subdivision (b) of Section 289, or Section 647.6 if it is a second
line 31 or subsequent conviction for that offense that was brought and
line 32 tried separately.
line 33 (B) This paragraph does not apply if the person is subject to
line 34 lifetime registration as required in paragraph (3).
line 35 (3) A tier three offender is subject to registration for life. A
line 36 person is a tier three offender if any one of the following applies:
line 37 (A) Following conviction of a registerable offense, the person
line 38 was subsequently convicted in a separate proceeding of committing
line 39 an offense described in subdivision (c) and the conviction is for
line 40 commission of a violent felony described in subdivision (c) of

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line 1 Section 667.5, or the person was subsequently convicted of

line 2 committing an offense for which the person was ordered to register
line 3 pursuant to Section 290.006, and the conviction is for the
line 4 commission of a violent felony described in subdivision (c) of
line 5 Section 667.5.
line 6 (B) The person was committed to a state mental hospital as a
line 7 sexually violent predator pursuant to Article 4 (commencing with
line 8 Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare
line 9 and Institutions Code.
line 10 (C) The person was convicted of violating any of the following:
line 11 (i) Section 187 while attempting to commit or committing an
line 12 act punishable under Section 261, 286, 287, 288, or 289 or former
line 13 Section 288a.
line 14 (ii) Section 207 or 209 with intent to violate Section 261, 286,
line 15 287, 288, or 289 or former Section 288a.
line 16 (iii) Section 220.
line 17 (iv) Subdivision (b) of Section 266h.
line 18 (v) Subdivision (b) of Section 266i.
line 19 (vi) Section 266j.
line 20 (vii) Section 267.
line 21 (viii) Section 269.
line 22 (ix) Subdivision (b) or (c) of Section 288.
line 23 (x) Section 288.2.
line 24 (xi) Section 288.3, unless committed with the intent to commit
line 25 a violation of subdivision (b) of Section 286, subdivision (b) of
line 26 Section 287 or former Section 288a, or subdivision (h) or (i) of
line 27 Section 289.
line 28 (xii) Section 288.4.
line 29 (xiii) Section 288.5.
line 30 (xiv) Section 288.7.
line 31 (xv) Subdivision (c) of Section 653f.
line 32 (xvi) Any offense for which the person is sentenced to a life
line 33 term pursuant to Section 667.61.
line 34 (D) The person’s risk level on the static risk assessment
line 35 instrument for sex offenders (SARATSO), pursuant to Section
line 36 290.04, is well above average risk at the time of release on the
line 37 index sex offense into the community, as defined in the Coding
line 38 Rules for that instrument.
line 39 (E) The person is a habitual sex offender pursuant to Section
line 40 667.71.

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line 1 (F) The person was convicted of violating subdivision (a) of

line 2 Section 288 in two proceedings brought and tried separately.
line 3 (G) The person was sentenced to 15 to 25 years to life for an
line 4 offense listed in Section 667.61.
line 5 (H) The person is required to register pursuant to Section
line 6 290.004.
line 7 (I) The person was convicted of a felony offense described in
line 8 subdivision (b) or (c) of Section 236.1.
line 9 (J) The person was convicted of a felony offense described in
line 10 subdivision (a), (c), or (d) of Section 243.4.
line 11 (K) The person was convicted of violating paragraph (2), (3),
line 12 or (4) of subdivision (a) of Section 261 or was convicted of
line 13 violating Section 261 and punished pursuant to paragraph (1) or
line 14 (2) of subdivision (c) of Section 264.
line 15 (L) The person was convicted of violating paragraph (1) of
line 16 subdivision (a) of former Section 262.
line 17 (M) The person was convicted of violating Section 264.1.
line 18 (N) The person was convicted of any offense involving lewd
line 19 or lascivious conduct under Section 272.
line 20 (O) The person was convicted of violating paragraph (2) of
line 21 subdivision (c) or subdivision (d), (f), or (i) of Section 286.
line 22 (P) The person was convicted of violating paragraph (2) of
line 23 subdivision (c) or subdivision (d), (f), or (i) of Section 287 or
line 24 former Section 288a.
line 25 (Q) The person was convicted of violating paragraph (1) of
line 26 subdivision (a) or subdivision (d), (e), or (j) of Section 289.
line 27 (R) The person was convicted of a felony violation of Section
line 28 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section
line 29 311.2, Section 311.3, 311.4, or 311.10.
line 30 (4) (A) A person who is required to register pursuant to Section
line 31 290.005 shall be placed in the appropriate tier if the offense is
line 32 assessed as equivalent to a California registerable offense described
line 33 in subdivision (c).
line 34 (B) If the person’s duty to register pursuant to Section 290.005
line 35 is based solely on the requirement of registration in another
line 36 jurisdiction, and there is no equivalent California registerable
line 37 offense, the person shall be subject to registration as a tier two
line 38 offender, except that the person is subject to registration as a tier
line 39 three offender if one of the following applies:

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line 1 (i) The person’s risk level on the static risk assessment
line 2 instrument (SARATSO), pursuant to Section 290.06, is well above
line 3 average risk at the time of release on the index sex offense into
line 4 the community, as defined in the Coding Rules for that instrument.
line 5 (ii) The person was subsequently convicted in a separate
line 6 proceeding of an offense substantially similar to an offense listed
line 7 in subdivision (c) which is also substantially similar to an offense
line 8 described in subdivision (c) of Section 667.5, or is substantially
line 9 similar to Section 269 or 288.7.
line 10 (iii) The person has ever been committed to a state mental
line 11 hospital or mental health facility in a proceeding substantially
line 12 similar to civil commitment as a sexually violent predator pursuant
line 13 to Article 4 (commencing with Section 6600) of Chapter 2 of Part
line 14 2 of Division 6 of the Welfare and Institutions Code.
line 15 (5) (A) The Department of Justice may place a person described
line 16 in subdivision (c), or who is otherwise required to register pursuant
line 17 to the Act, in a tier-to-be-determined category if the appropriate
line 18 tier designation described in this subdivision cannot be immediately
line 19 ascertained. An individual placed in this tier-to-be-determined
line 20 category shall continue to register in accordance with the Act. The
line 21 individual shall be given credit toward the mandated minimum
line 22 registration period for any period for which the individual registers.
line 23 (B) The Department of Justice shall ascertain an individual’s
line 24 appropriate tier designation as described in this subdivision within
line25 24 months of the individual’s placement in the
line 26 tier-to-be-determined category.
line 27 (e) The minimum time period for the completion of the required
line 28 registration period in tier one or two commences on the date of
line 29 release from incarceration, placement, or commitment, including
line 30 any related civil commitment on the registerable offense. The
line 31 minimum time for the completion of the required registration
line 32 period for a designated tier is tolled during any period of
line 33 subsequent incarceration, placement, or commitment, including
line 34 any subsequent civil commitment, except that arrests not resulting
line 35 in conviction, adjudication, or revocation of probation or parole
line 36 shall not toll the required registration period. The minimum time
line 37 period shall be extended by one year for each misdemeanor
line 38 conviction of failing to register under this act, and by three years
line 39 for each felony conviction of failing to register under this act,
line 40 without regard to the actual time served in custody for the

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line 1 conviction. If a registrant is subsequently convicted of another

line 2 offense requiring registration pursuant to the Act, a new minimum
line 3 time period for the completion of the registration requirement for
line 4 the applicable tier shall commence upon that person’s release from
line 5 incarceration, placement, or commitment, including any related
line 6 civil commitment. If the subsequent conviction requiring
line 7 registration pursuant to the Act occurs prior to an order to terminate
line 8 the registrant from the registry after completion of a tier associated
line 9 with the first conviction for a registerable offense, the applicable
line 10 tier shall be the highest tier associated with the convictions.
line 11 (f) This section does not require a ward of the juvenile court to
line 12 register under the Act, except as provided in Section 290.008.
line 13 SEC. 2. Section 647 of the Penal Code is amended to read:
line 14 647. Except as provided in paragraph (5) of subdivision (b)
line 15 and in subdivision (l), every person who commits any of the
line 16 following acts is guilty of disorderly conduct, a misdemeanor:
line 17 (a) An individual who solicits anyone to engage in or who
line 18 engages in lewd or dissolute conduct in any public place or in any
line 19 place open to the public or exposed to public view.
line 20 (b) (1) An individual who solicits, or who agrees to engage in,
line 21 or who engages in, any act of prostitution with the intent to receive
line 22 compensation, money, or anything of value from another person.
line 23 An individual agrees to engage in an act of prostitution when, with
line 24 specific intent to so engage, the individual manifests an acceptance
line 25 of an offer or solicitation by another person to so engage, regardless
line 26 of whether the offer or solicitation was made by a person who also
line 27 possessed the specific intent to engage in an act of prostitution.
line 28 (2) An individual who solicits, or who agrees to engage in, or
line 29 who engages in, any act of prostitution with another person who
line 30 is 18 years of age or older in exchange for the individual providing
line 31 compensation, money, or anything of value to the other person.
line 32 An individual agrees to engage in an act of prostitution when, with
line 33 specific intent to so engage, the individual manifests an acceptance
line 34 of an offer or solicitation by another person who is 18 years of age
line 35 or older to so engage, regardless of whether the offer or solicitation
line 36 was made by a person who also possessed the specific intent to
line 37 engage in an act of prostitution.
line 38 (3) An individual who solicits, or who agrees to engage in, or
line 39 who engages in, any act of prostitution with another person who
line 40 is a minor in exchange for the individual providing compensation,

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line 1 money, or anything of value to the minor. An individual agrees to

line 2 engage in an act of prostitution when, with specific intent to so
line 3 engage, the individual manifests an acceptance of an offer or
line 4 solicitation by someone who is a minor to so engage, regardless
line 5 of whether the offer or solicitation was made by a minor who also
line 6 possessed the specific intent to engage in an act of prostitution.
line 7 (4) A manifestation of acceptance of an offer or solicitation to
line 8 engage in an act of prostitution does not constitute a violation of
line 9 this subdivision unless some act, in addition to the manifestation
line 10 of acceptance, is done within this state in furtherance of the
line 11 commission of the act of prostitution by the person manifesting
line 12 an acceptance of an offer or solicitation to engage in that act. As
line 13 used in this subdivision, “prostitution” includes any lewd act
line 14 between persons for money or other consideration.
line 15 (5) Notwithstanding paragraphs (1) to (3), inclusive, this
line 16 subdivision does not apply to a child under 18 years of age who
line 17 is alleged to have engaged in conduct to receive money or other
line 18 consideration that would, if committed by an adult, violate this
line 19 subdivision. A commercially exploited child under this paragraph
line 20 may be adjudged a dependent child of the court pursuant to
line 21 paragraph (2) of subdivision (b) of Section 300 of the Welfare and
line 22 Institutions Code and may be taken into temporary custody
line 23 pursuant to subdivision (a) of Section 305 of the Welfare and
line 24 Institutions Code, if the conditions allowing temporary custody
line 25 without warrant are met.
line 26 (c) Who accosts other persons in any public place or in any
line 27 place open to the public for the purpose of begging or soliciting
line 28 alms.
line 29 (d) Who loiters in or about any toilet open to the public for the
line 30 purpose of engaging in or soliciting any lewd or lascivious or any
line 31 unlawful act.
line 32 (e) Who lodges in any building, structure, vehicle, or place,
line 33 whether public or private, without the permission of the owner or
line 34 person entitled to the possession or in control of it.
line 35 (f) Who is found in any public place under the influence of
line 36 intoxicating liquor, any drug, controlled substance, toluene, or any
line 37 combination of any intoxicating liquor, drug, controlled substance,
line 38 or toluene, in a condition that they are unable to exercise care for
line 39 their own safety or the safety of others, or by reason of being under
line 40 the influence of intoxicating liquor, any drug, controlled substance,

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line 1 toluene, or any combination of any intoxicating liquor, drug, or

line 2 toluene, interferes with or obstructs or prevents the free use of any
line 3 street, sidewalk, or other public way.
line 4 (g) If a person has violated subdivision (f), a peace officer, if
line 5 reasonably able to do so, shall place the person, or cause the person
line 6 to be placed, in civil protective custody. The person shall be taken
line 7 to a facility, designated pursuant to Section 5170 of the Welfare
line 8 and Institutions Code, for the 72-hour treatment and evaluation of
line 9 inebriates. A peace officer may place a person in civil protective
line 10 custody with that kind and degree of force authorized to effect an
line 11 arrest for a misdemeanor without a warrant. A person who has
line 12 been placed in civil protective custody shall not thereafter be
line 13 subject to any criminal prosecution or juvenile court proceeding
line 14 based on the facts giving rise to this placement. This subdivision
line 15 does not apply to the following persons:
line 16 (1) A person who is under the influence of any drug, or under
line 17 the combined influence of intoxicating liquor and any drug.
line 18 (2) A person who a peace officer has probable cause to believe
line 19 has committed any felony, or who has committed any misdemeanor
line 20 in addition to subdivision (f).
line 21 (3) A person who a peace officer in good faith believes will
line 22 attempt escape or will be unreasonably difficult for medical
line 23 personnel to control.
line 24 (h) Who loiters, prowls, or wanders upon the private property
line 25 of another, at any time, without visible or lawful business with the
line 26 owner or occupant. As used in this subdivision, “loiter” means to
line 27 delay or linger without a lawful purpose for being on the property
line 28 and for the purpose of committing a crime as opportunity may be
line 29 discovered.
line 30 (i) Who, while loitering, prowling, or wandering upon the private
line 31 property of another, at any time, peeks in the door or window of
line 32 any inhabited building or structure, without visible or lawful
line 33 business with the owner or occupant.
line 34 (j) (1) A person who looks through a hole or opening, into, or
line 35 otherwise views, by means of any instrumentality, including, but
line 36 not limited to, a periscope, telescope, binoculars, camera, motion
line 37 picture camera, camcorder, mobile phone, electronic device, or
line 38 unmanned aircraft system, the interior of a bedroom, bathroom,
line 39 changing room, fitting room, dressing room, or tanning booth, or
line 40 the interior of any other area in which the occupant has a reasonable

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line 1 expectation of privacy, with the intent to invade the privacy of a

line 2 person or persons inside. This subdivision does not apply to those
line 3 areas of a private business used to count currency or other
line 4 negotiable instruments.
line 5 (2) A person who uses a concealed camcorder, motion picture
line 6 camera, or photographic camera of any type, to secretly videotape,
line 7 film, photograph, or record by electronic means, another
line 8 identifiable person under or through the clothing being worn by
line 9 that other person, for the purpose of viewing the body of, or the
line 10 undergarments worn by, that other person, without the consent or
line 11 knowledge of that other person, with the intent to arouse, appeal
line 12 to, or gratify the lust, passions, or sexual desires of that person and
line 13 invade the privacy of that other person, under circumstances in
line 14 which the other person has a reasonable expectation of privacy.
line 15 For the purposes of this paragraph, “identifiable” means capable
line 16 of identification, or capable of being recognized, meaning that
line 17 someone, including the victim, could identify or recognize the
line 18 victim. It does not require the victim’s identity to actually be
line 19 established.
line 20 (3) (A) A person who uses a concealed camcorder, motion
line 21 picture camera, or photographic camera of any type, to secretly
line 22 videotape, film, photograph, or record by electronic means, another
line 23 identifiable person who may be in a state of full or partial undress,
line 24 for the purpose of viewing the body of, or the undergarments worn
line 25 by, that other person, without the consent or knowledge of that
line 26 other person, in the interior of a bedroom, bathroom, changing
line 27 room, fitting room, dressing room, or tanning booth, or the interior
line 28 of any other area in which that other person has a reasonable
line 29 expectation of privacy, with the intent to invade the privacy of that
line 30 other person. For the purposes of this paragraph, “identifiable”
line 31 means capable of identification, or capable of being recognized,
line 32 meaning that someone, including the victim, could identify or
line 33 recognize the victim. It does not require the victim’s identity to
line 34 actually be established.
line 35 (B) Neither of the following is a defense to the crime specified
line 36 in this paragraph:
line 37 (i) The defendant was a cohabitant, landlord, tenant, cotenant,
line 38 employer, employee, or business partner or associate of the victim,
line 39 or an agent of any of these.
line 40 (ii) The victim was not in a state of full or partial undress.

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line 1 (4) (A) A person who intentionally distributes or causes to be

line 2 distributed the image of the intimate body part or parts of another
line 3 identifiable person, or an image of the person depicted engaged
line 4 in an act of sexual intercourse, sodomy, oral copulation, sexual
line 5 penetration, or an image of masturbation by the person depicted
line 6 or in which the person depicted participates, under circumstances
line 7 in which the persons agree or understand that the image shall
line 8 remain private, the person distributing the image knows or should
line 9 know that distribution of the image will cause serious emotional
line 10 distress, and the person depicted suffers that distress.
line 11 (B) (i) A person intentionally distributes an image described
line 12 in subparagraph (A) when that person personally distributes the
line 13 image.
line 14 (ii) A person intentionally causes an image described in
line 15 subparagraph (A) to be distributed when that person arranges,
line 16 specifically requests, or intentionally causes another person to
line 17 distribute the image.
line 18 (C) As used in this paragraph, the following terms have the
line 19 following meanings:
line 20 (i) “Distribute” includes exhibiting in public or giving
line 21 possession.
line 22 (ii) “Identifiable” has the same meaning as in paragraphs (2)
line 23 and (3).
line 24 (iii) “Intimate body part” means any portion of the genitals, the
line 25 anus and, in the case of a female, also includes any portion of the
line 26 breasts below the top of the areola, that is either uncovered or
line 27 clearly visible through clothing.
line 28 (D) It shall not be a violation of this paragraph to distribute an
line 29 image described in subparagraph (A) if any of the following
line 30 applies:
line 31 (i) The distribution is made in the course of reporting an
line 32 unlawful activity.
line 33 (ii) The distribution is made in compliance with a subpoena or
line 34 other court order for use in a legal proceeding.
line 35 (iii) The distribution is made in the course of a lawful public
line 36 proceeding.
line 37 (iv) The distribution is related to a matter of public concern or
line 38 public interest. Distribution is not a matter of public concern or
line 39 public interest solely because the depicted individual is a public
line 40 figure.

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line 1 (5) This subdivision does not preclude punishment under any
line 2 section of law providing for greater punishment.
line 3 (k) (1) A second or subsequent violation of subdivision (j) is
line 4 punishable by imprisonment in a county jail not exceeding one
line 5 year, or by a fine not exceeding two thousand dollars ($2,000), or
line 6 by both that fine and imprisonment.
line 7 (2) If the victim of a violation of subdivision (j) was a minor at
line 8 the time of the offense, the violation is punishable by imprisonment
line 9 in a county jail not exceeding one year, or by a fine not exceeding
line 10 two thousand dollars ($2,000), or by both that fine and
line 11 imprisonment.
line 12 (l) (1) (A) If a crime is committed in violation of subdivision
line 13 (b) by a defendant who is 18 years of age or older, the person who
line 14 was solicited was a minor at the time of the offense, and the
line 15 defendant knew or should have known that the person who was
line 16 solicited was a minor at the time of the offense, the violation is
line 17 punishable by imprisonment in the county jail for not less than
line 18 two days and not more than one year, or by a fine not exceeding
line 19 ten thousand dollars ($10,000), or by both that fine and
line 20 imprisonment, except as provided in paragraph (2).
line 21 (B) The court may, in unusual cases, when the interests of justice
line 22 are best served, reduce or eliminate the mandatory two days of
line 23 imprisonment in a county jail required by this paragraph. If the
line 24 court reduces or eliminates the mandatory two days’ imprisonment,
line 25 the court shall specify the reason on the record.
line 26 (2) (A) If the solicited minor was under 16 years of age at the
line 27 time of the offense, the violation is punishable by either of the
line 28 following:
line 29 (i) Imprisonment in the county jail not exceeding one year and
line 30 a fine not to exceed ten thousand dollars ($10,000).
line 31 (ii) Imprisonment pursuant to subdivision (h) of Section 1170.
line 32 (B) A second or subsequent violation of this paragraph is
line 33 punishable as a felony by imprisonment pursuant to subdivision
line 34 (h) of Section 1170.
line 35 SEC. 3. No reimbursement is required by this act pursuant to
line 36 Section 6 of Article XIIIB of the California Constitution because
line 37 the only costs that may be incurred by a local agency or school
line 38 district will be incurred because this act creates a new crime or
line 39 infraction, eliminates a crime or infraction, or changes the penalty
line 40 for a crime or infraction, within the meaning of Section 17556 of

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 SB 1414 — 14 —

line 1 the Government Code, or changes the definition of a crime within

line 2 the meaning of Section 6 of Article XIII B of the California
line 3 Constitution.

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