Crimes: disorderly conduct.

Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, soliciting prostitution, prowling, peeping, surreptitious photographing or filming of an identifiable person, and the distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. Under existing law, a person who, as a 2nd or subsequent violation, or if the victim is a minor at the time of the offense, of the prohibition on filming, photographing, or recording an identifiable person who may be in a state of full or partial undress, as specified, may be sentenced to imprisonment in a county jail for up to one year or a fine not exceeding $2,000 dollars, or both that fine and imprisonment. This bill would increase the punishment for a 2nd or subsequent offense of that prohibition, if the victim was a minor at the time of the offense, to also be punishable as a felony. The bill would specify that this punishment does not apply to a person who was under 18 years of age at the time they committed the offense. Because this bill would increase the punishment of a crime, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1962, SB 926, and SB 1414, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. 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.