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California Government Code:
6254.21. (a) No state or
local agency shall post the home
address or telephone number of
any elected or appointed
official on the Internet without
first obtaining the written
permission of that individual.
(b) No person shall knowingly
post the home address or
telephone number of any elected
or appointed official, or of the
official's residing spouse or
child on the Internet knowing
that person is an elected or
appointed official and intending
to cause imminent great bodily
harm that is likely to occur or
threatening to cause imminent
great bodily harm to that
individual. A violation of this
subdivision is a misdemeanor. A
violation of this subdivision
that leads to the bodily injury
of the official, or his or her
residing spouse or child, is a
misdemeanor or a felony.
(c) (1) No
person, business, or association
shall publicly post or publicly
display on the Internet the home
address or telephone number of
any elected or appointed
official if that official has
made a written demand of that
person, business, or association
to not disclose his or her home
address or telephone number. A
written demand made under this
paragraph by a state
constitutional officer, a mayor,
or a Member of the Legislature,
a city council, or a board of
supervisors shall include a
statement describing a threat or
fear for the safety of that
official or of any person
residing at the official's home
address. A written demand made
under this paragraph by an
elected official shall be
effective for four years,
regardless of whether or not the
official's term has expired
prior to the end of the
four-year period. For this
purpose, "publicly post" or
"publicly display" means to
intentionally communicate or
otherwise make available to the
general public.
(2) An official whose
home address or telephone number
is made public as a result of a
violation of paragraph (1) may
bring an action seeking
injunctive or declarative relief
in any court of competent
jurisdiction. If a jury or court
finds that a violation has
occurred, it may grant
injunctive or declarative relief
and shall award the official
court costs and reasonable
attorney's fees.
(d) (1) No person, business, or
association shall solicit, sell,
or trade on the Internet the
home address or telephone number
of an elected or appointed
official with the intent to
cause imminent great bodily harm
to the official or to any person
residing at the official's home
address.
(2) Notwithstanding any other
provision of law, an official
whose home address or telephone
number is solicited, sold, or
traded in violation of paragraph
(1) may bring an action in any
court of competent jurisdiction.
If a jury or court finds that a
violation has occurred, it shall
award damages to that official
in an amount up to a maximum of
three times the actual damages
but in no case less than four
thousand dollars ($4,000).
(e) An interactive computer
service or access software
provider, as defined in Section
230(f) of Title 47 of the United
States Code, shall not be liable
under this section unless the
service or provider intends to
abet or cause imminent great
bodily harm that is likely to
occur or threatens to cause
imminent great bodily harm to an
elected or appointed official.
(f) For
purposes of this section,
"elected or appointed official"
includes, but is not limited to,
all of the following: (1) State
constitutional officers. (2)
Members of the Legislature. (3)
Judges and court commissioners.
(4) District attorneys. (5)
Public defenders. (6) Members of
a city council. (7) Members of a
board of supervisors. (8)
Appointees of the Governor. (9)
Appointees of the Legislature.
(10) Mayors. (11) City
attorneys. (12) Police chiefs
and sheriffs. (13) A public
safety official as defined in
Section 6254.24. (14) State
administrative law judges. (15)
Federal judges and federal
defenders. (16) Members of the
United States Congress and
appointees of the President.
(g) Nothing in this
section is intended to preclude
punishment instead under
Sections 69, 76, or 422 of the
Penal Code, or any other
provision of law.
6254.24.
As used in this chapter, "public
safety official" means the
following:
(a) An active or retired peace
officer as defined in Sections
830 and 830.1 of the Penal Code.
(b) An active or retired public
officer or other person listed
in Sections 1808.2 and 1808.6 of
the Vehicle Code.
(c) An "elected or appointed
official" as defined in
subdivision (c) of Section
6254.21.
(d) Attorneys employed by the
Department of Justice, the State
Public Defender, or a county
office of the district attorney
or public defender.
(e) City attorneys and attorneys
who represent cities in criminal
matters.
(f) Specified employees of the
Department of Corrections, the
California Youth Authority, and
the Prison Industry Authority
who supervise inmates or are
required to have a prisoner in
their care or custody.
(g) Non-sworn employees who
supervise inmates in a city
police department, a county
sheriff's office, the Department
of the California Highway
Patrol, federal, state, and
local detention facilities, and
local juvenile halls, camps,
ranches, and homes.
(h) Federal prosecutors and
criminal investigators and
National Park Service Rangers
working in California. |
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