AB 32: Deterring computer crimes

Assemblymember Marie Waldron

AD-75 (R)

High-profile computer crimes are increasing nationwide, as shown by recent hacking attacks on Target, Home Depot and other large retailers. Even the White House website has been hacked. Many celebrities have also been targeted, often with very public and embarrassing results.

As with most crimes, a statute of limitations governs whether or not the perpetrators can be tried. Currently, the statute of limitations for felony computer crimes is three years, and one year for most misdemeanors. Absent provable fraud or deceit, the clock begins ticking when the crime is committed, not when it is discovered. In many cases, discovery of these crimes may be months, or even years, later.

It is important that we take steps to prevent these crimes before they happen. That’s why I introduced Assembly Bill 32 (AB 32), which provides that the statute of limitations for a computer crime involving acquiring, copying or distributing one or more intimate digital images begins when the crime is discovered, not when it is committed. In an effort at further deterrence, AB 32 will also increase misdemeanor fines for these types of computer crimes from $5,000 to $10,000.

The bill is supported by California College and University Police Chiefs, Los Angeles Police Protective League, Riverside Sheriffs Association, Association of Deputy District Attorneys, among others.

I am happy to report that AB 32 passed the Assembly with unanimous support April 9. The bill will now be forwarded to the Senate, where I am hoping for a similar result later this session.