[sudo-discuss] Revenge Porn

[Eddan Katz]

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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