LEGISLATIVE COUNSEL'S DIGEST
SB 203, as amended, Harman. Child pornography: Internet
distribution.
Existing law includes provisions criminalizing conduct involving
obscene matter and child pornography, including making the
distribution of this material criminal. Existing law defines the term
"distribute" for purposes of crimes relating to obscene matter.
This bill would include within this definition of "distribute"
making available for access or possession over the Internet. The bill
would also provide that nothing in the provisions criminalizing
conduct involving obscene matter and child pornography shall be
construed to permit an action against an interactive computer
service, electronic communication service, or remote computing
service, as defined, that is inconsistent with specified provisions
of federal law. By revising the definition of existing crimes to
expand their application, 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.
Comments/questions on SB 203 (Harman): Child pornography: Internet distribution.