SB 536

Under current law, with exceptions, a prosecution for a felony must be

commenced within six years of the commission of the felony. Exceptions include

prosecutions for second-degree sexual assault of a child, physical abuse of a child

that results in great bodily harm, sexual exploitation of a child, incest with a child,

certain child enticement offenses, use of a computer to facilitate a child sex crime,

and soliciting a child for prostitution. In general, prosecution for these crimes must

be commenced before the victim reaches the age of 45 years. Another exception

generally requires a prosecution for trafficking of a child to be commenced before the

victim reaches the age of 24. Under this bill, a prosecution for trafficking of a child

must be commenced before the victim reaches the age of 45 years.

Under current law, whoever possesses any undeveloped film, photographic

negative, photograph, motion picture, videotape, or other recording of a child

engaged in sexually explicit conduct is guilty of a felony. This bill adds that a person

who knowingly accesses such material is guilty of a felony.

Under current law, the parental rights of a parent to his or her child may be

terminated involuntarily on various grounds, including if the person commits a

serious felony against one of his or her children. Under this bill, a parent's parental

rights may be terminated involuntarily if the parent commits against any child the

offense of trafficking of a child.

Under current law, in a criminal trial, if a person is accused of certain sex

crimes, with certain exceptions the person may not introduce evidence concerning

the complaining witness's prior sexual conduct or opinions of the witness's prior

sexual conduct and reputation as to prior sexual conduct. This bill adds to the list

of sex crimes that invoke this prohibition the following offenses: child enticement,

soliciting a child for prostitution, and sexual intercourse with a child who is age 16

or older.

Under current law, a chief judge may authorize or approve an interception of

wire, electronic, or oral communications by investigative or law enforcement officers

if the interception may provide or has provided evidence of the commission of certain

offenses including homicide, felony murder, kidnapping, commercial gambling,

bribery, extortion, dealing in controlled substances, or certain computer crimes, or

any conspiracy to commit any of the foregoing offenses. This bill adds to the list the

following offenses: sexual exploitation of a child, trafficking of a child, child

enticement, use of a computer to facilitate a child sex crime, and soliciting a child for

prostitution.

Under current law, the Department of Justice provides compensation to victims

of certain crimes. This bill adds to the list of crimes for which the victim may be

compensated the following offenses: sexual exploitation of a child, incest with a

child, use of a computer to facilitate a child sex crime, soliciting a child for

prostitution, and sexual intercourse with a child who is age 16 or older.