Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 832

Introduced by Assembly Member Cristina Garcia

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(Coauthor: Assembly Member Eggman)

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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 begin delete consensual end delete begin insert voluntary end insert sodomy, oral copulation, or sexual penetration, 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 begin delete (b), end delete begin insert (b) of, end insert or paragraph (1) of
subdivision (c) begin delete of end delete begin insert of, end insert 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 begin delete consensual end delete begin insert voluntary end insert conduct in violation of
Section 286, 288a, or 289, 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 begin insert a end insert 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.