Stalking: surveillance.

Under existing law, a defendant who commits an assault against a plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is liable for up to 3 times the amount of any general and special damages that are proximately caused by this act, as well as punitive damages and a civil fine of not less than $5,000 and not more than $50,000. This bill would expand these provisions to impose liability when a defendant falsely imprisons the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff. Existing law makes it a crime to willfully interfere with the driver of a vehicle or with the mechanism thereof so as to affect the driver's control of the vehicle, to follow another vehicle more closely than is reasonable and prudent, as specified, and to engage in reckless driving, as described. This bill would make it a misdemeanor to violate any of those provisions with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose. The bill would provide that this crime is punishable by imprisonment in a county jail and a fine of not more than $2,500, except as specified. The bill would further provide that a person who commits that act and, in addition, causes a minor to be placed in a situation in which his or her person or health is endangered is also guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year and a fine of not more than $5,000, except as specified. Because the bill would create new crimes, the 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.