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An act to amend Section of, and to add Section Cellular telephones equipment: matter depicting a minor engaging or simulating sexual conduct. Juveniles: sexting.

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An act to amend Section of, and to add Section Cellular telephones equipment: matter depicting a minor engaging or simulating sexual conduct.

Juveniles: sexting. Existing law seexting that any person under the 18 years of age who engages in certain noncriminal behavior, including persistently or habitually refusing to obey the reasonable and proper orders or directions of his or her parents, guardian, or custodian, is within the jurisdiction of the juvenile court which may adjudge that person a ward of the court.

Under existing law, juvenile court proceedings to declare a minor a ward of the court for noncriminal behavior are commenced by the filing of a petition by the probation officer. Existing law authorizes the juvenile court to order these minors to perform community service for a total time not to exceed 20 hours, as specified. The bill would, notwithstanding the provision described above, require a court to order a minor who engaged in sexting to perform 24 or 40 hours of community service, as provided.

The California Constitution requires the state to reimburse local agencies and vor districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Existing law regulates the conduct of various types of businesses tex also establishes the Department of Consumer Affairs, which is under the control of a civil executive officer tfxt as the Director of Consumer Affairs.

Existing law prohibits the knowing possession or control of specified material depicting a person under 18 years of age personally engaging in or sesting sexual conduct. This bill would, on and after July 1, 20l2, require a retailer who sells cellular telephone equipment or contracts for cellular telephone tjis to provide customers in specified transactions with a brochure, in a form approved by the Director, describing the prohibition against controlling or possessing an image of a minor engaging in, or simulating, sexual conduct, and would make a violation of this requirement an infraction.

The bill would require the Director to notify retailers of the requirement to provide customers with this brochure.

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Because the bill would make the violation of its provisions by a retailer a crime, it would impose a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason. Section of the Welfare and Institutions Code is amended to read: However, it is the intent of the Legislature that no minor who is adjudged a ward of the court pursuant solely to this subdivision shall be removed from the custody of the parent or guardian except during school hours.

Section If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 commencing with Section of Division 4 sexfing Title 2 of the Government Code. Chapter 35 commencing with Section is added to Division 8 of the Business and Professions Code.