[sudo-discuss] Revenge Porn

Wed Oct 9 11:42:16 PDT 2013

I have the same q as the Forbes' author - what currently legal behavior
does this prohibit?

On Wednesday, October 9, 2013, Eddan Katz wrote:

> CA Senate Bill SB-255 - now §647(j)(4) as of Oct. 1 - is first 'revenge
> porn' law in the US.
> Eric Goldman (awesome Santa Clara Law prof) has an interesting analysis on
> the legal implications -
> http://www.forbes.com/sites/ericgoldman/2013/10/08/californias-new-law-shows-its-not-easy-to-regulate-revenge-porn/
> .
>
> If anyone has some technical observations or other feedback, I'd be
> interested to hear other takes on this. Seems like a very tricky
> socio-technical problem.
>
> §647
>
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2
> > 647.  Except as provided in subdivision (l), every person who
> > commits any of the following acts is guilty of disorderly conduct, a
> > misdemeanor:
> >    (a) Who solicits anyone to engage in or who engages in lewd or
> > dissolute conduct in any public place or in any place open to the
> > public or exposed to public view.
> >    (b) Who solicits or who agrees to engage in or who engages in any
> > act of prostitution. A person agrees to engage in an act of
> > prostitution when, with specific intent to so engage, he or she
> > manifests an acceptance of an offer or solicitation to so engage,
> > regardless of whether the offer or solicitation was made by a person
> > who also possessed the specific intent to engage in prostitution. No
> > agreement to engage in an act of prostitution shall constitute a
> > violation of this subdivision unless some act, in addition to the
> > agreement, is done within this state in furtherance of the commission
> > of an act of prostitution by the person agreeing to engage in that
> > act. As used in this subdivision, "prostitution" includes any lewd
> > act between persons for money or other consideration.
> >    (c) Who accosts other persons in any public place or in any place
> > open to the public for the purpose of begging or soliciting alms.
> >    (d) Who loiters in or about any toilet open to the public for the
> > purpose of engaging in or soliciting any lewd or lascivious or any
> > unlawful act.
> >    (e) Who lodges in any building, structure, vehicle, or place,
> > whether public or private, without the permission of the owner or
> > person entitled to the possession or in control of it.
> >    (f) Who is found in any public place under the influence of
> > intoxicating liquor, any drug, controlled substance, toluene, or any
> > combination of any intoxicating liquor, drug, controlled substance,
> > or toluene, in a condition that he or she is unable to exercise care
> > for his or her own safety or the safety of others, or by reason of
> > his or her being under the influence of intoxicating liquor, any
> > drug, controlled substance, toluene, or any combination of any
> > intoxicating liquor, drug, or toluene, interferes with or obstructs
> > or prevents the free use of any street, sidewalk, or other public
> > way.
> >    (g) When a person has violated subdivision (f), a peace officer,
> > if he or she is reasonably able to do so, shall place the person, or
> > cause him or her to be placed, in civil protective custody. The
> > person shall be taken to a facility, designated pursuant to Section
> > 5170 of the Welfare and Institutions Code, for the 72-hour treatment
> > and evaluation of inebriates. A peace officer may place a person in
> > civil protective custody with that kind and degree of force which
> > would be lawful were he or she effecting an arrest for a misdemeanor
> > without a warrant. No person who has been placed in civil protective
> > custody shall thereafter be subject to any criminal prosecution or
> > juvenile court proceeding based on the facts giving rise to this
> > placement. This subdivision shall not apply to the following persons:
> >    (1) Any person who is under the influence of any drug, or under
> > the combined influence of intoxicating liquor and any drug.
> >    (2) Any person who a peace officer has probable cause to believe
> > has committed any felony, or who has committed any misdemeanor in
> > addition to subdivision (f).
> >    (3) Any person who a peace officer in good faith believes will
> > attempt escape or will be unreasonably difficult for medical
> > personnel to control.
> >    (h) Who loiters, prowls, or wanders upon the private property of
> > another, at any time, without visible or lawful business with the
> > owner or occupant. As used in this subdivision, "loiter" means to
> > delay or linger without a lawful purpose for being on the property
> > and for the purpose of committing a crime as opportunity may be
> > discovered.
> >    (i) Who, while loitering, prowling, or wandering upon the private
> > property of another, at any time, peeks in the door or window of any
> > inhabited building or structure, without visible or lawful business
> > with the owner or occupant.
> >    (j) (1) Any person who looks through a hole or opening, into, or
> > otherwise views, by means of any instrumentality, including, but not
> > limited to, a periscope, telescope, binoculars, camera, motion
> > picture camera, camcorder, or mobile phone, the interior of a
> > bedroom, bathroom, changing room, fitting room, dressing room, or
> > tanning booth, or the interior of any other area in which the
> > occupant has a reasonable expectation of privacy, with the intent to
> > invade the privacy of a person or persons inside. This subdivision
> > shall not apply to those areas of a private business used to count
> > currency or other negotiable instruments.
> >    (2) Any person who uses a concealed camcorder, motion picture
> > camera, or photographic camera of any type, to secretly videotape,
> > film, photograph, or record by electronic means, another,
> > identifiable person under or through the clothing being worn by that
> > other person, for the purpose of viewing the body of, or the
> > undergarments worn by, that other person, without the consent or
> > knowledge of that other person, with the intent to arouse, appeal to,
> > or gratify the lust, passions, or sexual desires of that person and
> > invade the privacy of that other person, under circumstances in which
> > the other person has a reasonable expectation of privacy.
> >    (3) (A) Any person who uses a concealed camcorder, motion picture
> > camera, or photographic camera of any type, to secretly videotape,
> > film, photograph, or record by electronic means, another,
> > identifiable person who may be in a state of full or partial undress,
> > for the purpose of viewing the body of, or the undergarments worn
> > by, that other person, without the consent or knowledge of that other
> > person, in the interior of a bedroom, bathroom, changing room,
> > fitting room, dressing room, or tanning booth, or the interior of any
> > other area in which that other person has a reasonable expectation
> > of privacy, with the intent to invade the privacy of that other
> > person.
> >    (B) Neither of the following is a defense to the crime specified
> > in this paragraph:
> >    (i) The defendant was a cohabitant, landlord, tenant, cotenant,
> > employer, employee, or business partner or associate of the victim,
> > or an agent of any of these.
> >    (ii) The victim was not in a state of full or partial undress.
> >    (k) In any accusatory pleading charging a violation of subdivision
> > (b), if the defendant has been once previously convicted of a
> > violation of that subdivision, the previous conviction shall be
> > charged in the accusatory pleading. If the previous conviction is
> > found to be true by the jury, upon a jury trial, or by the court,
> > upon a court trial, or is admitted by the defendant, the defendant
> > shall be imprisoned in a county jail for a period of not less than 45
> > days and shall not be eligible for release upon completion of
> > sentence, on probation, on parole, on work furlough or work release,
> > or on any other basis until he or she has served a period of not less
> > than 45 days in a county jail. In all cases in which probation is
> > granted, the court shall require as a condition thereof that the
> > person be confined in a county jail for at least 45 days. In no event
> > does the court have the power to absolve a person who violates this
> > subdivision from the obligation of spending at least 45 days in
> > confinement in a county jail.
> >    In any accusatory pleading charging a violation of subdivision
> > (b), if the defendant has been previously convicted two or more times
> > of a violation of that subdivision, each of these previous
> > convictions shall be charged in the accusatory pleading. If two or
> > more of these previous convictions are found to be true by the jury,
> > upon a jury trial, or by the court, upon a court trial, or are
> > admitted by the defendant, the defendant shall be imprisoned in a
> > county jail for a period of not less than 90 days and shall not be
> > eligible for release upon completion of sentence, on probation, on
> > parole, on work furlough or work release, or on any other basis until
> > he or she has served a period of not less than 90 days in a county
> > jail. In all cases in which probation is granted, the court shall
> > require as a condition thereof that the person be confined in a
> > county jail for at least 90 days. In no event does the court have the
> > power to absolve a person who violates this subdivision from the
> > obligation of spending at least 90 days in confinement in a county
> > jail.
> >    In addition to any punishment prescribed by this section, a court
> > may suspend, for not more than 30 days, the privilege of the person
> > to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
> > Code for any violation of subdivision (b) that was committed within
> > 1,000 feet of a private residence and with the use of a vehicle. In
> > lieu of the suspension, the court may order a person's privilege to
> > operate a motor vehicle restricted, for not more than six months, to
> > necessary travel to and from the person's place of employment or
> > education. If driving a motor vehicle is necessary to perform the
> > duties of the person's employment, the court may also allow the
> > person to drive in that person's scope of employment.
> >    (l) (1) A second or subsequent violation of subdivision (j) is
> > punishable by imprisonment in a county jail not exceeding one year,
> > or by a fine not exceeding two thousand dollars ($2,000), or by both
> > that fine and imprisonment.
> >    (2) If the victim of a violation of subdivision (j) was a minor at
> > the time of the offense, the violation is punishable by imprisonment
> > in a county jail not exceeding one year, or by a fine not exceeding
> > two thousand dollars ($2,000), or by both that fine and imprisonment.
> >
> >
>
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