Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 981Introduced by Senator WahabJanuary 29, 2024An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to law enforcement. social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 981, as amended, Wahab. Retail theft: arrest authority. Sexually explicit digital images.Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform. The bill would define covered material to mean material that a user of a social media platform reasonably believes meets certain criteria, including that the material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person, an identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration, or an identifiable person engaged in masturbation. The bill would also require a social media platform to permanently block a reported instance of covered material from being viewable on the social media platform and to make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.Existing law defines grand theft as theft committed in specified cases, including when the property taken is of a value exceeding $950, punishable as a felony, subject to specified exceptions. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Existing law authorizes a law enforcement officer to arrest a person if the officer has probable cause to believe that the person to be arrested has committed a public offense in the officers presence, the person arrested has committed a felony, although not in the officers presence, or the officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.This bill would state the Legislatures intent to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Sexually Explicit Digital Images22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.SECTION 1.It is the intent of the Legislature to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.
Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 981Introduced by Senator WahabJanuary 29, 2024An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to law enforcement. social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 981, as amended, Wahab. Retail theft: arrest authority. Sexually explicit digital images.Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform. The bill would define covered material to mean material that a user of a social media platform reasonably believes meets certain criteria, including that the material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person, an identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration, or an identifiable person engaged in masturbation. The bill would also require a social media platform to permanently block a reported instance of covered material from being viewable on the social media platform and to make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.Existing law defines grand theft as theft committed in specified cases, including when the property taken is of a value exceeding $950, punishable as a felony, subject to specified exceptions. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Existing law authorizes a law enforcement officer to arrest a person if the officer has probable cause to believe that the person to be arrested has committed a public offense in the officers presence, the person arrested has committed a felony, although not in the officers presence, or the officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.This bill would state the Legislatures intent to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate March 20, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 981
Introduced by Senator WahabJanuary 29, 2024
Introduced by Senator Wahab
January 29, 2024
An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to law enforcement. social media platforms.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 981, as amended, Wahab. Retail theft: arrest authority. Sexually explicit digital images.
Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform. The bill would define covered material to mean material that a user of a social media platform reasonably believes meets certain criteria, including that the material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person, an identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration, or an identifiable person engaged in masturbation. The bill would also require a social media platform to permanently block a reported instance of covered material from being viewable on the social media platform and to make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.Existing law defines grand theft as theft committed in specified cases, including when the property taken is of a value exceeding $950, punishable as a felony, subject to specified exceptions. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Existing law authorizes a law enforcement officer to arrest a person if the officer has probable cause to believe that the person to be arrested has committed a public offense in the officers presence, the person arrested has committed a felony, although not in the officers presence, or the officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.This bill would state the Legislatures intent to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.
Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.
This bill would require a social media platform to provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform. The bill would define covered material to mean material that a user of a social media platform reasonably believes meets certain criteria, including that the material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person, an identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration, or an identifiable person engaged in masturbation. The bill would also require a social media platform to permanently block a reported instance of covered material from being viewable on the social media platform and to make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
Existing law defines grand theft as theft committed in specified cases, including when the property taken is of a value exceeding $950, punishable as a felony, subject to specified exceptions. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Existing law authorizes a law enforcement officer to arrest a person if the officer has probable cause to believe that the person to be arrested has committed a public offense in the officers presence, the person arrested has committed a felony, although not in the officers presence, or the officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
This bill would state the Legislatures intent to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Sexually Explicit Digital Images22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.SECTION 1.It is the intent of the Legislature to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Sexually Explicit Digital Images22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 22.7. Sexually Explicit Digital Images22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
CHAPTER 22.7. Sexually Explicit Digital Images22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
CHAPTER 22.7. Sexually Explicit Digital Images
CHAPTER 22.7. Sexually Explicit Digital Images
22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:(A) An intimate body part of an identifiable person.(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(C) An identifiable person engaged in masturbation.(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.(3) The material is displayed, stored, or hosted on the social media platform.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
22670. (a) Covered material means material that a user of a social media platform reasonably believes meets all of the following criteria:
(1) The material is an image or video created, or altered through, digitization that would appear to a reasonable person to be an image or video of any of the following:
(A) An intimate body part of an identifiable person.
(B) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.
(C) An identifiable person engaged in masturbation.
(2) The reporting user identifies the reporting user as the person depicted in the material and confirms that the reporting user did not consent to the use of the reporting users likeness in the material.
(3) The material is displayed, stored, or hosted on the social media platform.
(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.
(c) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.
(2) Social media platform does not include either of the following:
(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.
(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.(c) Permanently block a reported instance of covered material from being viewable on the social media platform.(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
22671. A social media platform shall do all of the following:
(a) Provide a mechanism that is reasonably accessible to users for a user who is a California resident to report covered material to the social media platform.
(b) Collect information reasonably sufficient to enable the social media platform to locate the reported covered material and to contact a reporting user with both of the following:
(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.
(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported covered material.
(c) Permanently block a reported instance of covered material from being viewable on the social media platform.
(d) Make reasonable efforts to remove and block unreported instances of reported covered material from being viewable on the social media platform.
It is the intent of the Legislature to enact legislation relating to the authority of a law enforcement officer to arrest a person suspected of retail theft if the officer did not observe the commission of the crime.