NEW LEGISLATION AFFECTING FAMILY LAW CASES

SB 606 (De Leon): Harassment of child based on parents employment. California Penal Code Section 11414 [misdemeanor harassment of child based on parents or guardians employment] currently defines harassment for purposes of this crime as knowing and willful conduct directed at a specific child that seriously alarms, annoys, torments, or terrorizes the child and serves no legitimate purpose. SB 606 amends this statute to clarify that harassment includes such conduct that occurs in the course of an actual or attempted recording of the child’s image and/or voice without the express consent of the parent or guardian, as well as lying in wait or following the activities of the child or ward (Penal Code Section11414(g)(2)). However, amended Penal Code Section specifies that it is not a violation of the statute to transmit, publish, or broadcast a recording of the child’s image or voice. The amendment authorizes a parent or guardian to bring a civil action against anyone who has violated the statute, with damages limited as specified (Penal Code Section 11414(d)). The amended statute also increases the current criminal penalties for violations, and it specifically allows prosecution under another law providing greater punishment (Penal Code Section 11414(a), (c), (f)). Finally, amended Section 11414(g)(3) defines employment as the parents or guardians job, vocation, occupation, or profession.