Crimes: stalking, false emergency reports, and harassment.

(1) Existing law makes it a crime to, knowing the report is false, falsely report that an emergency exists. Existing law makes this crime a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. This bill would make a violation of that crime additionally require that the person intend or recklessly disregard the possibility of causing bodily harm, substantial emotional distress, property damage, or the misuse of public resources. The bill would make a 2nd or subsequent violation of those provisions punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would make a person who engages in activities in violation of those provisions 2 or more times in a manner that evidences a continuity of purpose punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, or as a felony punishable by imprisonment in the county jail, a fine not to exceed $10,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would create a state-mandated local program. Existing law makes an individual convicted of violating these false reporting provisions liable to a public agency for the reasonable costs of an emergency response resulting from the false report. This bill would authorize an individual who is targeted by a false report in violation of these provisions to bring a civil action against the person who violated this section, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of these provisions, and would authorize the individual to recover damages and any other appropriate relief, including reasonable attorney's fees. (2) Existing law makes a person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the person's safety, or the safety of the person's immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony. This bill would instead make a person guilty of stalking if the person intentionally or knowingly engages in a course of conduct, without a legitimate purpose, directed at or concerning another individual, that would cause a reasonable person in that specific individual's position, and is intended to cause that person, to fear death or death of a close relation, to fear bodily injury or bodily injury to a close relation, as defined, to suffer substantial emotional distress or to fear substantial emotional distress to a close relation. The bill would make a first violation of these provisions punishable as a misdemeanor or a felony. The bill would make a 2nd or subsequent violation of these provisions punishable as a felony. By expanding the scope of a crime, this bill would create a state-mandated local program. (3) Existing law makes it a crime for a person who, with the intent to place another person in reasonable fear for that other person's safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted contact, injury, or harassment by a third party, distributes personal identifying information that would be likely to incite or produce that unlawful action. Existing law makes this a misdemeanor punishable by up to one year in a county jail or by a fine of not more than $1,000. This bill would make a 2nd or subsequent violation of that crime punishable by up to one year in a county jail, by a fine of not more than $5,000, or by both that fine and imprisonment. The bill would additionally make a person who engages in activities in violation of these provisions on 2 or more occasions subject to punishment by imprisonment in a county jail not to exceed one year, by a fine not to $5,000, or by both that fine or imprisonment, or as a felony by imprisonment in a county jail for 16 months or 2 or 3 years, by a fine not to exceed $10,000, or by both that fine and imprisonment. By increasing the punishment of a crime, this bill would create a state-mandated local program. The bill would additionally authorize an individual who is a victim of this crime or of stalking to bring a civil action against the person who committed the offense, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this crime, and to recover damages and any other appropriate relief, including reasonable attorney's fees. The bill would also make an individual convicted of a violation of these crimes, where the victim is an employee of a public agency and the violation causes a response by that public agency to protect that employee, liable to that public agency for the reasonable costs of the response by that public agency. 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.