Stalkerazzi Bill
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Stalkerazzi Bill

(Disclaimer: This legislative proposal is written by Rhonda Saunders in her individual and private capacity and is not on behalf of or endorsed by the Los Angeles District Attorney's Office)

Language - Draft Legislation

           INVASION OF PRIVACY – PENAL CODE SECTION*****

a.            Any person who willfully and repeatedly follows or repeatedly harasses another person in a manner that is offensive to a reasonable person for a commercial purpose, and invades the privacy of that person or that person’s immediate family, with the intent to capture any visual image, sound recording, or other physical impression of that person for resale, or that person’s immediate family while they are engaging in a personal or familial activity, under circumstances in which that person had a reasonable expectation of privacy is guilty of the crime of invasion of privacy, punishable by imprisonment in a county jail for not more than one year, or a fine of not more that one thousand dollars ($1000), or by both the fine and imprisonment, or by imprisonment in the state prison.

b.            Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or five years.

c.            Any person who after being convicted of a felony under subdivision (a) commits another violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.

d.           The sentencing court has the authority to issue an order restraining the defendant from any contact with the victim, which may be valid for up to ten years, as determined by the court.  It is the intent of the legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

e.       For the purposes of this section, “harasses” means engaging in a knowing and willful course of conduct directed at a specific person or that person’s immediate family, that seriously alarms, annoys, torments, or terrorizes the person for commercial gain.  “Harassment” shall be inferred upon the perpetrators being given notice, verbally or in written form, that his or her acts are seriously alarming, annoying, tormenting, or terrorizing the other person or that person’s immediate family.

f.        For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.

g.       For the purposes of this section, “commercial purpose” means any act done with the expectation of a sale for publication, financial gain, or other consideration. It is not a defense to a violation of this section that no image, recording, or physical impression was actually sold for publication.

h.       For the purposes of this section, “personal and familial activity” includes, but is not limited to, intimate details of the other person’s personal life, interactions with his or her family or significant others, or other aspects of that person’s private affairs and concerns.  Personal and familial activity does not include illegal or otherwise criminal activity.

i.        This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, or employees of governmental agencies or entities, either public or private who, in the course and scope of their employment attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other fraudulent conduct involving a violation of law or pattern of business practices adversely affecting the public health or safety. This section shall not be construed to impair or limit otherwise lawful activities of victims of such crimes as stalking, domestic violence, criminal threat, workplace violence, gang violence, or theft.

j.       For the purposes of this section “immediate family” means any spouse, parent, child, significant other, grandparent, brother or sister, aunt or uncle, cousin, niece or nephew, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

 

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