A.B.2324

Summary

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures for the reporting, investigation, and prosecution of abuse of an elder or dependent adult, which is defined to mean physical abuse, neglect, abandonment, and financial abuse, among other forms of abuse. Existing law requires specified persons, known as mandated reporters, who, have observed or have knowledge of an incident that reasonably appears to be, or is told by an elder or dependent adult that he or she has experienced behavior constituting, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect to report the known or suspected instance of abuse, as specified. A failure to report is a misdemeanor. Under existing law, it is disorderly conduct, punishable as a misdemeanor, to look through a hole or opening into, or to otherwise view by means of any instrumentality, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person inside. Under existing law, it is disorderly conduct, punishable as a misdemeanor, for a person to use a concealed camera to secretly record another identifiable person under or through the clothing being worn by that other person, for the purposes of viewing the body or undergarments of that other person, without his or her consent, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of the other person, under circumstances in which the other person has a reasonable expectation of privacy. Under existing law, it is disorderly conduct, punishable as a misdemeanor, to use a concealed camera to secretly record another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body or undergarments of that other person, without the consent or knowledge of the other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that person. Under existing law, it is disorderly conduct, punishable as a misdemeanor, to distribute the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in a sex act, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This bill would require a mandated reporter to report a violation of the above-specified disorderly conduct crimes committed against an elder or dependent adult, as specified. The bill would make a violation of this requirement a misdemeanor. By expanding the application of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.