(a) Any person who intentionally harasses the child or ward of any other person because of that person?s employment shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) For purposes of this section, the following definitions shall apply:
(1) ?Child? and ?ward? mean a person under 16 years of age.
(2) ?Harasses? means knowing and willful conduct directed at a specific child or ward that seriously alarms, annoys, torments, or terrorizes the child or ward, and that serves no legitimate purpose, including, but not limited to, that conduct occurring during the course of any actual or attempted recording of the child?s or ward?s image or voice, or both, without the express consent of the parent or legal guardian of the child or ward, by following the child?s or ward?s activities or by lying in wait. The conduct must be such as would cause a reasonable child to suffer substantial emotional distress, and actually cause the victim to suffer substantial emotional distress.
(3) ?Employment? means the job, vocation, occupation, or profession of the parent or legal guardian of the child or ward.
(c) A second conviction under this section shall be punished by a fine not exceeding twenty thousand dollars ($20,000) and by imprisonment in a county jail for not less than five days but not exceeding one year. A third or subsequent conviction under this section shall be punished by a fine not exceeding thirty thousand dollars ($30,000) and by imprisonment in a county jail for not less than 30 days but not exceeding one year.
(d) Upon a violation of this section, the parent or legal guardian of an aggrieved child or ward may bring a civil action against the violator on behalf of the child or ward. The remedies in that civil action shall be limited to one or more of the following: actual damages, punitive damages, reasonable attorney?s fees, costs, disgorgement of any compensation from the sale, license, or dissemination of a child?s image or voice received by the individual who, in violation of this section, recorded the child?s image or voice, and injunctive relief against further violations of this section by the individual.
(e) The act of transmitting, publishing, or broadcasting a recording of the image or voice of a child does not constitute a violation of this section.
(f) This section does not preclude prosecution under any section of law that provides for greater punishment.
(Amended by Stats. 2013, Ch. 348, Sec. 1.)