California Law Requires Certain Individuals, Who by Virtue of Their Position Or Profession

Updated 03/08/12

AB 1713 (Campos) Photograph Definition Modernization: Mandated Reporters

The Problem However, the 1996 legislation did not update the language California law requires certain individuals, who by virtue in the Mandated Reporters section of the PC to address of their position or profession have a unique position of those most likely to observe and report child pornography; responsibility toward children, to report child abuse. namely the successors to the commercial film and These individuals are known as Mandated Reporters, and photographic print processors. include “commercial film and photographic print processors” – Penal Code (PC) Section 11165.7 (29). The Solution

Currently, "commercial film and photographic print Modernization of the terminology and technology used in processor" means any person who develops exposed the PC provisions for mandated reporters of child abuse is photographic film into negatives, slides, or prints, or who needed to reflect the language which is already included in makes prints from negatives or slides, for compensation. the PC definition of child exploitation. This definition is out of date in the modern era of computers, digital cameras and smart phones. This bill would import the definition of “image” from PC Section 311, into the definition of “commercial film A 2005 Department of Justice study of child pornography and photographic print processor” in the mandated possessors arrested in Internet-related crimes revealed that reporter section of the PC at 11165.7, and 11166, and 96% had images on hard drives or removable media, and change the title to include “image” processors to read: ONLY 18% possessed images in photographs, books or magazines. "A commercial film and photographic print or image processor, as specified in subdivision (e) of Penal Code The same DOJ study also found that 55% were “dual Section 11166. As used in this article, "commercial film offenders” meaning they also were convicted of hands on and photographic print or image processor" means any sexual abuse of a child. person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from In AB 295 (Baldwin), Chapter 1080, Statutes of 1996, negatives or slides, or prepares, publishes, produces, updated and modernized the PC definition of Child develops, duplicates, or prints any representation of Pornography, to include digital images: information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, 311.1. (a) Every person who knowingly sends or photocopy, videotape, video laser disc, computer causes to be sent, or brings or causes to be brought, hardware, computer software, computer floppydisc, data into this state for sale or distribution, or in this state storage media, CD-ROM, or computer-generated possesses, prepares, publishes, produces, develops, equipment or any other computer-generated image for duplicates, or prints any representation of information, compensation…" data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, Support videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage No known media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains Opposition or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to, or to exchange None known with, others, or who offers to distribute, distributes, or exhibits to, or exchanges with, others, any obscene For More Information matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or Contact Dana Mitchell, (916) 319-3453 personally simulating sexual conduct…"