AB 769

Under current law, a district attorney must disclose to the defense, and permit

the defense to inspect, copy, or photograph, any physical evidence that the district

attorney intends to use as evidence against that defendant in a trial. Under this bill,

if the evidence is a recording of a child engaging in sexually explicit conduct, the

defense may inspect the recording only in a location maintained by the court or a law

enforcement agency, one of which must, under this bill, retain possession, custody,

and control of the recording and must provide the defense opportunity to examine,

inspect, and view the recording. The defense may receive a copy for limited purposes

only if a court finds that the defense has not had opportunity to examine, inspect, or

view the recording.

Under current law, a person who causes a person under the age of 18 to view

or listen to sexually explicit conduct is guilty of a felony if the viewing or listening

is for sexual arousal or gratification of the actor or for humiliating or degrading the

person under the age of 18. Also under current law, a person who communicates via

a computer with an individual whom the person believes is under 16 years old with

the intent to have sexual intercourse or sexual contact with an individual under 16

years old is guilty of a felony. This bill makes the attempt to do either of these crimes

a felony punishable as the completed crime would currently be punishable.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.