I have the same q as the Forbes' author - what currently legal behavior does this prohibit? <span></span><br><br>On Wednesday, October 9, 2013, Eddan Katz wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
CA Senate Bill SB-255 - now §647(j)(4) as of Oct. 1 - is first 'revenge porn' law in the US.<br>
Eric Goldman (awesome Santa Clara Law prof) has an interesting analysis on the legal implications - <a href="http://www.forbes.com/sites/ericgoldman/2013/10/08/californias-new-law-shows-its-not-easy-to-regulate-revenge-porn/" target="_blank">http://www.forbes.com/sites/ericgoldman/2013/10/08/californias-new-law-shows-its-not-easy-to-regulate-revenge-porn/</a>.<br>
<br>
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.<br>
<br>
§647<br>
<a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2" target="_blank">http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2</a><br>
> 647. Except as provided in subdivision (l), every person who<br>
> commits any of the following acts is guilty of disorderly conduct, a<br>
> misdemeanor:<br>
> (a) Who solicits anyone to engage in or who engages in lewd or<br>
> dissolute conduct in any public place or in any place open to the<br>
> public or exposed to public view.<br>
> (b) Who solicits or who agrees to engage in or who engages in any<br>
> act of prostitution. A person agrees to engage in an act of<br>
> prostitution when, with specific intent to so engage, he or she<br>
> manifests an acceptance of an offer or solicitation to so engage,<br>
> regardless of whether the offer or solicitation was made by a person<br>
> who also possessed the specific intent to engage in prostitution. No<br>
> agreement to engage in an act of prostitution shall constitute a<br>
> violation of this subdivision unless some act, in addition to the<br>
> agreement, is done within this state in furtherance of the commission<br>
> of an act of prostitution by the person agreeing to engage in that<br>
> act. As used in this subdivision, "prostitution" includes any lewd<br>
> act between persons for money or other consideration.<br>
> (c) Who accosts other persons in any public place or in any place<br>
> open to the public for the purpose of begging or soliciting alms.<br>
> (d) Who loiters in or about any toilet open to the public for the<br>
> purpose of engaging in or soliciting any lewd or lascivious or any<br>
> unlawful act.<br>
> (e) Who lodges in any building, structure, vehicle, or place,<br>
> whether public or private, without the permission of the owner or<br>
> person entitled to the possession or in control of it.<br>
> (f) Who is found in any public place under the influence of<br>
> intoxicating liquor, any drug, controlled substance, toluene, or any<br>
> combination of any intoxicating liquor, drug, controlled substance,<br>
> or toluene, in a condition that he or she is unable to exercise care<br>
> for his or her own safety or the safety of others, or by reason of<br>
> his or her being under the influence of intoxicating liquor, any<br>
> drug, controlled substance, toluene, or any combination of any<br>
> intoxicating liquor, drug, or toluene, interferes with or obstructs<br>
> or prevents the free use of any street, sidewalk, or other public<br>
> way.<br>
> (g) When a person has violated subdivision (f), a peace officer,<br>
> if he or she is reasonably able to do so, shall place the person, or<br>
> cause him or her to be placed, in civil protective custody. The<br>
> person shall be taken to a facility, designated pursuant to Section<br>
> 5170 of the Welfare and Institutions Code, for the 72-hour treatment<br>
> and evaluation of inebriates. A peace officer may place a person in<br>
> civil protective custody with that kind and degree of force which<br>
> would be lawful were he or she effecting an arrest for a misdemeanor<br>
> without a warrant. No person who has been placed in civil protective<br>
> custody shall thereafter be subject to any criminal prosecution or<br>
> juvenile court proceeding based on the facts giving rise to this<br>
> placement. This subdivision shall not apply to the following persons:<br>
> (1) Any person who is under the influence of any drug, or under<br>
> the combined influence of intoxicating liquor and any drug.<br>
> (2) Any person who a peace officer has probable cause to believe<br>
> has committed any felony, or who has committed any misdemeanor in<br>
> addition to subdivision (f).<br>
> (3) Any person who a peace officer in good faith believes will<br>
> attempt escape or will be unreasonably difficult for medical<br>
> personnel to control.<br>
> (h) Who loiters, prowls, or wanders upon the private property of<br>
> another, at any time, without visible or lawful business with the<br>
> owner or occupant. As used in this subdivision, "loiter" means to<br>
> delay or linger without a lawful purpose for being on the property<br>
> and for the purpose of committing a crime as opportunity may be<br>
> discovered.<br>
> (i) Who, while loitering, prowling, or wandering upon the private<br>
> property of another, at any time, peeks in the door or window of any<br>
> inhabited building or structure, without visible or lawful business<br>
> with the owner or occupant.<br>
> (j) (1) Any person who looks through a hole or opening, into, or<br>
> otherwise views, by means of any instrumentality, including, but not<br>
> limited to, a periscope, telescope, binoculars, camera, motion<br>
> picture camera, camcorder, or mobile phone, the interior of a<br>
> bedroom, bathroom, changing room, fitting room, dressing room, or<br>
> tanning booth, or the interior of any other area in which the<br>
> occupant has a reasonable expectation of privacy, with the intent to<br>
> invade the privacy of a person or persons inside. This subdivision<br>
> shall not apply to those areas of a private business used to count<br>
> currency or other negotiable instruments.<br>
> (2) Any person who uses a concealed camcorder, motion picture<br>
> camera, or photographic camera of any type, to secretly videotape,<br>
> film, photograph, or record by electronic means, another,<br>
> identifiable person under or through the clothing being worn by that<br>
> other person, for the purpose of viewing the body of, or the<br>
> undergarments worn by, that other person, without the consent or<br>
> knowledge of that other person, with the intent to arouse, appeal to,<br>
> or gratify the lust, passions, or sexual desires of that person and<br>
> invade the privacy of that other person, under circumstances in which<br>
> the other person has a reasonable expectation of privacy.<br>
> (3) (A) Any person who uses a concealed camcorder, motion picture<br>
> camera, or photographic camera of any type, to secretly videotape,<br>
> film, photograph, or record by electronic means, another,<br>
> identifiable person who may be in a state of full or partial undress,<br>
> for the purpose of viewing the body of, or the undergarments worn<br>
> by, that other person, without the consent or knowledge of that other<br>
> person, in the interior of a bedroom, bathroom, changing room,<br>
> fitting room, dressing room, or tanning booth, or the interior of any<br>
> other area in which that other person has a reasonable expectation<br>
> of privacy, with the intent to invade the privacy of that other<br>
> person.<br>
> (B) Neither of the following is a defense to the crime specified<br>
> in this paragraph:<br>
> (i) The defendant was a cohabitant, landlord, tenant, cotenant,<br>
> employer, employee, or business partner or associate of the victim,<br>
> or an agent of any of these.<br>
> (ii) The victim was not in a state of full or partial undress.<br>
> (k) In any accusatory pleading charging a violation of subdivision<br>
> (b), if the defendant has been once previously convicted of a<br>
> violation of that subdivision, the previous conviction shall be<br>
> charged in the accusatory pleading. If the previous conviction is<br>
> found to be true by the jury, upon a jury trial, or by the court,<br>
> upon a court trial, or is admitted by the defendant, the defendant<br>
> shall be imprisoned in a county jail for a period of not less than 45<br>
> days and shall not be eligible for release upon completion of<br>
> sentence, on probation, on parole, on work furlough or work release,<br>
> or on any other basis until he or she has served a period of not less<br>
> than 45 days in a county jail. In all cases in which probation is<br>
> granted, the court shall require as a condition thereof that the<br>
> person be confined in a county jail for at least 45 days. In no event<br>
> does the court have the power to absolve a person who violates this<br>
> subdivision from the obligation of spending at least 45 days in<br>
> confinement in a county jail.<br>
> In any accusatory pleading charging a violation of subdivision<br>
> (b), if the defendant has been previously convicted two or more times<br>
> of a violation of that subdivision, each of these previous<br>
> convictions shall be charged in the accusatory pleading. If two or<br>
> more of these previous convictions are found to be true by the jury,<br>
> upon a jury trial, or by the court, upon a court trial, or are<br>
> admitted by the defendant, the defendant shall be imprisoned in a<br>
> county jail for a period of not less than 90 days and shall not be<br>
> eligible for release upon completion of sentence, on probation, on<br>
> parole, on work furlough or work release, or on any other basis until<br>
> he or she has served a period of not less than 90 days in a county<br>
> jail. In all cases in which probation is granted, the court shall<br>
> require as a condition thereof that the person be confined in a<br>
> county jail for at least 90 days. In no event does the court have the<br>
> power to absolve a person who violates this subdivision from the<br>
> obligation of spending at least 90 days in confinement in a county<br>
> jail.<br>
> In addition to any punishment prescribed by this section, a court<br>
> may suspend, for not more than 30 days, the privilege of the person<br>
> to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle<br>
> Code for any violation of subdivision (b) that was committed within<br>
> 1,000 feet of a private residence and with the use of a vehicle. In<br>
> lieu of the suspension, the court may order a person's privilege to<br>
> operate a motor vehicle restricted, for not more than six months, to<br>
> necessary travel to and from the person's place of employment or<br>
> education. If driving a motor vehicle is necessary to perform the<br>
> duties of the person's employment, the court may also allow the<br>
> person to drive in that person's scope of employment.<br>
> (l) (1) A second or subsequent violation of subdivision (j) is<br>
> punishable by imprisonment in a county jail not exceeding one year,<br>
> or by a fine not exceeding two thousand dollars ($2,000), or by both<br>
> that fine and imprisonment.<br>
> (2) If the victim of a violation of subdivision (j) was a minor at<br>
> the time of the offense, the violation is punishable by imprisonment<br>
> in a county jail not exceeding one year, or by a fine not exceeding<br>
> two thousand dollars ($2,000), or by both that fine and imprisonment.<br>
><br>
><br>
<br>
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