Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education.

This bill would require the Instructional Quality Commission, when the health curriculum framework is next revised on or after January 1, 2025, to consider providing for inclusion, in that curriculum framework, content on sextortion, as defined.

Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education.

This bill would require the Instructional Quality Commission, when the health curriculum framework is next revised on or after January 1, 2025, to consider providing for inclusion, in that curriculum framework, content on sextortion, as defined.

Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education.

This bill would require the Instructional Quality Commission, when the health curriculum framework is next revised on or after January 1, 2025, to consider providing for inclusion, in that curriculum framework, content on sextortion, as defined.

(1)The California Healthy Youth Act requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, sexual abuse, and human trafficking, from instructors trained in the appropriate courses.

This bill would require the comprehensive sexual health education and HIV prevention education to also include information about sextortion, as defined. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2)Existing law authorizes a school district to provide abuse, including sexual abuse, and human trafficking prevention education, as provided.

This bill would authorize a school district to also provide sextortion prevention education, as provided.

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

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 the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2932

Author:(Joe Patterson)

As Amended Ver:June 10, 2024

Majority vote

SUMMARY

Requires that when the health curriculum framework is next revised, on or after January 1, 2025, the Instructional Quality Commission (IQC) consider including content on sextortion in that framework.

Senate Amendments

Added co-authors.

COMMENTS

Electronic sharing of explicit material, relationship abuse, and sex trafficking addressed under current law and in the health curriculum. Current law includes the following requirements for instruction in topics related to sextortion:

1. Students in grades 7 to 12, inclusive, receive instruction at least once in junior high or middle school and once in high school about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof;
2. As part of comprehensive sexual health education, that LEAs and charter schools provide students with information on local resources for assistance with sexual assault and intimate partner violence; and
3. Authorizes a school district to provide optional instruction, as part of comprehensive sexual health education and HIV prevention education, regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking websites, computer networks, or other digital media.

Additionally, the health education framework adopted by the State Board of Education (SBE) in 2019 contains a significant amount of content on healthy relationships, teen dating violence, and sex trafficking, including content on sharing of explicit images through electronic means. One lesson discusses this topic in the context of lessons on abuse:

For technological abuse, students share examples that include cyberbullying, stalking, demanding passwords, sending sexually explicit photographs, demanding sexually explicit photographs, and taking photographs of someone without their knowledge. Ms. L takes this opportunity to talk more about “sexting” and cyber exploitation. Students discuss the dangers of the internet and sharing sexually explicit photographs, even with a boyfriend/girlfriend/partner(s). As part of this discussion, students recognize that once they send or allow someone else to take an explicit photograph, they no longer have control of who sees it or where it may be shared, including online.

In the chapter for grades 7-8, the Framework contains an extensive discussion of healthy relationships, dating violence, and sex trafficking, which includes a sample lesson on dating violence. One section reads:

Students build on previous discussions about sexual abuse in relationships and understand that sexually explicit photographs that students take of themselves and send to other students are sometimes used as blackmail to force or coerce victims into sex trafficking. Sending and receiving explicit photographs of anyone under the age of eighteen is also considered possession and/or distribution of child pornography, regardless of the age of the sender and receiver.

In the chapter for grades 9-12, the Framework discusses the sending of sexually explicit messages or images by mobile device, and sending and sharing explicit photographs as a form of abuse.

Finally, the CDE is required to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of students.

According to the Author

"Unfortunately, sextortion is a real and growing threat that has seeped into the lives of our children. As a father of four young children, I feel it is my responsibility to represent the voices of parents in my district and throughout California. That's why I have introduced legislation to require age-appropriate information about what sextortion is and how children can protect themselves. This is a fast growing problem and we must act now."

Arguments in Support

The County Health Executives Association of California writes, "Earlier this year, the Sacramento field office of the Federal Bureau of Investigations (FBI) issued an alert warning parents, educators, caregivers, and children about the dangers of sextortion and noted that from October 2022 to March 2023, they observed a more than 20% increase in reporting of financially motivated sextortion incidents involving minor victims compared to the same period the year before. The FBI also highlighted that these incidents could lead to self-harm and have led to suicide with at least 20 minor suicides occurring from October 2021 to March 2023. California's Healthy Youth Act is the nation's most comprehensive sexual health education and prevention program and adding instruction on a potentially dangerous issue such as sextortion for adolescent Californians is an important enhancement for this vital program."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Assembly Appropriations Committee, minor, if any, General Fund costs to the California Department of Education to implement the requirements of this bill.

VOTES:

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta

ABS, ABST OR NV: Villapudua

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur

ABS, ABST OR NV: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas

SENATE FLOOR: 36-0-4

YES: Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Alvarado-Gil, Durazo, Grove

UPDATED

VERSION: June 10, 2024

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003579

 CONSENT  

Bill No: AB 2932

Author: Joe Patterson (R), et al.

Amended: 6/10/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/24

AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/2/24 (Consent) - See last page for vote

SUBJECT: Pupil instruction: sextortion prevention

SOURCE: Author

DIGEST:

This bill would require the Instructional Quality Commission (IQC) to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.

ANALYSIS:

Existing law:

1. Ensures pupils in grades 7 to 12 receive instruction, once in junior high or middle school and once in high school, about adolescent relationship abuse and intimate partner violence, including the early warning signs, among other things required under the California Healthy Youth Act (CHYA). (Education Code (EC) § 51934)
2. Establishes the CHYA, which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (EC § 51933)
3. Requires when the Health Framework is next revised after January 1, 2015, the IQC to consider including a distinct category on sexual abuse and sex trafficking prevention education that includes, but is not limited to, all of the following:
   1. Information on different forms of sexual abuse and assault; discussion of prevention strategies; how to report sexual abuse or suspected sexual abuse; and local resources for victims.
   2. Discuss healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and avoid high-risk activities.
   3. Information on sex trafficking and risk factors; the recruiting tactics of sex traffickers and peer recruiters, including online recruitment; how to report sex trafficking or suspected sex trafficking; and local resources for victims.
   4. Discuss legal aspects of sexual abuse and sex trafficking under state and federal laws.
   5. Discuss how culture and mass media influence and desensitize our perceptions of sexual abuse and sex trafficking, including, but not limited to, stereotypes and myths about the victims and abusers, victim blaming, and the role of language. This instruction shall emphasize compassion for people who have suffered from sexual abuse or sex trafficking and support positive reentry experiences for survivors returning to school. (EC § 33545)
4. Requires when the Health Framework is next revised after January 1, 2016, the IQC to include comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence that includes, but is not limited to, all of the following:
   1. Information on different forms of sexual harassment and violence, including instances among peers and in a dating relationship; a discussion of prevention strategies; how pupils report sexual harassment and violence; and potential resources victims can access.
   2. Discuss the affirmative consent standard and pupils’ skills to establish boundaries in peer and dating relationships.
   3. Discuss legal aspects of sexual harassment and violence under state and federal law. (EC § 33544)

This bill:

1. Requires the IQC to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.
2. Defines “sextortion” as the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.

Comments

1. Need for the bill. According to the author, “Unfortunately, sextortion is a real and invasive concept that has seeped into our children’s everyday lives. As a dad of four young children, I feel it is my responsibility to represent the voices of parents in my district and throughout California. That’s why I have introduced legislation to require comprehensive sexual health education to include understandable language and information about what sextortion is and how children can protect themselves. This bill is needed now, so we can shield our children before we can’t anymore.”
2. How Curriculum, Standards, Frameworks, and Model Curricula Are Created and Adopted. The Legislature has vested the IQC and State Board of Education (SBE) with the authority to develop and adopt state curriculum and instructional materials. The IQC develops curriculum frameworks in each subject by convening expert panels, developing drafts, and holding public hearings to solicit input. Changes are frequently made in response to public comment. The SBE then adopts the frameworks in a public meeting. The SBE also adopts, in a public process, instructional materials aligned to those frameworks for grades K-8. School district governing boards and charter schools then adopt instructional materials aligned to these standards and frameworks. Local adoption of new curricula involves significant local cost and investment of resources and professional development.

These existing processes involve practitioners and experts who have an in-depth understanding of curriculum and instruction, including the full scope and sequence of the curriculum in each subject and at each grade level, constraints on instructional time and resources, and the relationship of curriculum to state assessments and other measures of student progress.

1. What is Sextortion? According to the Federal Bureau of Investigation (FBI), Sextortion can start on any site, app, messaging platform, or game where people meet and communicate. In some cases, the first contact from the criminal will be a threat. The person may claim to already have a revealing picture or video of a child that will be shared if the victim does not send more pictures. More often, however, this crime starts when young people believe they are communicating with someone their own age who is interested in a relationship or with someone who is offering something of value. After the criminals have one or more videos or pictures, they threaten to publish that content, or they threaten violence, to get the victim to produce more images. The shame, fear, and confusion children feel when they are caught in this cycle often prevents them from asking for help or reporting the abuse. Caregivers and young people should understand how the crime occurs and openly discuss online safety. Sextortion also includes Financial Sextortion, in which the offender receives sexually explicit material from the child and then threatens to release the compromising material unless the victim sends money and/or gift cards. The amount requested varies, and the offender often releases the victim’s sexually explicit material regardless of whether or not they receive payment. This bill defines “sextortion” as the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
2. Health Education Framework (2019). On May 8, 2019, the SBE officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (a) essential health concepts; (b) analyzing health influences; (c) accessing valid health information; (d) interpersonal communication; (e) decision making; (f) goal setting; (g) practicing health-enhancing behaviors; and (h) health promotion in six content areas of health education, including sexual health. This bill would require the IQC to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.
3. California Healthy Youth Act. The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Act). Originally, the Act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, Chapter 398, Statutes of 2015), the Act was renamed the CHYA and, for the first time, required LEAs to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

The CHYA ensures students in grades 7 to 12 receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses and requires that each student must receive instruction in, but is not limited to information on the nature of HIV and other sexually transmitted diseases, Information that abstinence from sexual activity, treatment of HIV and other sexually transmitted infections, and information about adolescent relationship abuse and intimate partner violence.

Related/Prior Legislation

AB 2053 (Mathis, 2024) would require that instruction about adolescent relationship abuse and intimate partner violence include, within the CHYA, the resources available to students related to adolescent relationship abuse and intimate partner violence, include the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for students that have experienced domestic violence or stalking, and that are available by telephone 24 hours a day.

AB 1821 (Ramos, 2024) includes, that any instruction on the Spanish colonization of California and the Gold Rush Era, including instruction regarding the treatment of Native Americans during those periods within the History and Social Sciences (H-SS) course of study for grades 1 to 6 and 7 to 12.

AB 1805 (Ta, 2024) requires the IQC when the SBE adopts new instructional materials for H-SS on or after January 1, 2025, to consider providing for inclusion, in its evaluation criteria, content on the case of Mendez v. Westminster School District of Orange County.

AB 1071 (Hoover, Chapter 65, Statutes of 2023) required the CDE to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of pupils.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/17/24)

County Health Executives Association of California

Los Angeles County Office of Education

PERK Advocacy

OPPOSITION: (Verified 6/17/24)

None received

ARGUMENTS IN SUPPORT: According to the County Health Executives Association of California, “Earlier this year, the Sacramento field office of the Federal Bureau of Investigations (FBI) issued an alert warning parents, educators, caregivers, and children about the dangers of sextortion and noted that from October 2022 to March 2023, they observed a more than 20% increase in reporting of financially motivated sextortion incidents involving minor victims compared to the same period the year before. The FBI also highlighted that these incidents could lead to self-harm and have led to suicide with at least 20 minor suicides occurring from October 2021 to March 2023. California leads the nation in having the most comprehensive sexual health education and prevention program in schools and adding instruction on a potentially dangerous issue such as sextortion for adolescent Californians is an important enhancement for the state’s health curriculum. California’s local health departments strongly support efforts to educate our youth about their health and protecting them from harm. It is for these reasons that CHEAC supports AB 2932.

ASSEMBLY FLOOR: 73-0, 5/2/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur

NO VOTE RECORDED: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas

Prepared by: Kordell Hampton / ED. / (916) 651-4105

6/19/24 11:53:21

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 2932 Hearing Date: June 5, 2024

Subject: Pupil instruction: sextortion prevention.

SUMMARY

This bill would require the Instructional Quality Commission (IQC) to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.

BACKGROUND

Existing Law:

Education Code (EC)

1. Ensures pupils in grades 7 to 12 receive instruction, once in junior high or middle school and once in high school, about adolescent relationship abuse and intimate partner violence, including the early warning signs, among other things required under the California Healthy Youth Act (CHYA). (EC § 51934)
2. Establishes the CHYA, which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (EC § 51933)
3. Requires when the Health Framework is next revised after January 1, 2015, the IQC to consider including a distinct category on sexual abuse and sex trafficking prevention education that includes, but is not limited to, all of the following:
   1. Information on different forms of sexual abuse and assault; discussion of prevention strategies; how to report sexual abuse or suspected sexual abuse; and local resources for victims.
   2. Discuss healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and avoid high-risk activities.
   3. Information on sex trafficking and risk factors; the recruiting tactics of sex traffickers and peer recruiters, including online recruitment; how to report sex trafficking or suspected sex trafficking; and local resources for victims.
   4. Discuss legal aspects of sexual abuse and sex trafficking under state and federal laws.
   5. Discuss how culture and mass media influence and desensitize our perceptions of sexual abuse and sex trafficking, including, but not limited to, stereotypes and myths about the victims and abusers, victim blaming, and the role of language. This instruction shall emphasize compassion for people who have suffered from sexual abuse or sex trafficking and support positive reentry experiences for survivors returning to school. (EC § 33545)
4. Requires when the Health Framework is next revised after January 1, 2016, the IQC to include comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence that includes, but is not limited to, all of the following:
   1. Information on different forms of sexual harassment and violence, including instances among peers and in a dating relationship; a discussion of prevention strategies; how pupils report sexual harassment and violence; and potential resources victims can access.
   2. Discuss the affirmative consent standard and pupils’ skills to establish boundaries in peer and dating relationships.
   3. Discuss legal aspects of sexual harassment and violence under state and federal law. (EC § 33544)

ANALYSIS

1. This bill would requires the IQC to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.
2. Defines “sextortion” as the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.

STAFF COMMENTS

1. Need for the bill. According to the author, “Unfortunately, sextortion is a real and invasive concept that has seeped into our children’s everyday lives. As a dad of four young children, I feel it is my responsibility to represent the voices of parents in my district and throughout California. That’s why I have introduced legislation to require comprehensive sexual health education to include understandable language and information about what sextortion is and how children can protect themselves. This bill is needed now, so we can shield our children before we can’t anymore.”
2. How Curriculum, Standards, Frameworks, and Model Curricula Are Created and Adopted. The Legislature has vested the IQC and State Board of Education (SBE) with the authority to develop and adopt state curriculum and instructional materials. The IQC develops curriculum frameworks in each subject by convening expert panels, developing drafts, and holding public hearings to solicit input. Changes are frequently made in response to public comment. The SBE then adopts the frameworks in a public meeting. The SBE also adopts, in a public process, instructional materials aligned to those frameworks for grades K-8. School district governing boards and charter schools then adopt instructional materials aligned to these standards and frameworks. Local adoption of new curricula involves significant local cost and investment of resources and professional development.

These existing processes involve practitioners and experts who have an in-depth understanding of curriculum and instruction, including the full scope and sequence of the curriculum in each subject and at each grade level, constraints on instructional time and resources, and the relationship of curriculum to state assessments and other measures of student progress.

1. What is Sextortion? According to the Federal Bureau of Investigation (FBI), Sextortion can start on any site, app, messaging platform, or game where people meet and communicate. In some cases, the first contact from the criminal will be a threat. The person may claim to already have a revealing picture or video of a child that will be shared if the victim does not send more pictures. More often, however, this crime starts when young people believe they are communicating with someone their own age who is interested in a relationship or with someone who is offering something of value. After the criminals have one or more videos or pictures, they threaten to publish that content, or they threaten violence, to get the victim to produce more images. The shame, fear, and confusion children feel when they are caught in this cycle often prevents them from asking for help or reporting the abuse. Caregivers and young people should understand how the crime occurs and openly discuss online safety. Sextortion also includes Financial Sextortion, in which the offender receives sexually explicit material from the child and then threatens to release the compromising material unless the victim sends money and/or gift cards. The amount requested varies, and the offender often releases the victim’s sexually explicit material regardless of whether or not they receive payment. 

This bill defines “sextortion” as the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.

1. Health Education Framework (2019). On May 8, 2019, the SBE officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (1) essential health concepts; (2) analyzing health influences; (3) accessing valid health information; (4) interpersonal communication; (5) decision making; (6) goal setting; (7) practicing health-enhancing behaviors; and (8) health promotion in six content areas of health education, including sexual health.

This bill would requires the IQC to consider, when the Health Framework is revised, on or after January 1, 2025, content on sextortion, as specified.

California Healthy Youth Act

The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Act). Originally, the Act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, Chapter 398, Statutes of 2015), the Act was renamed the CHYA and, for the first time, required LEAs to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

The CHYA ensures students in grades 7 to 12 receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses and requires that each student must receive instruction in, but is not limited to information on the nature of HIV and other sexually transmitted diseases, Information that abstinence from sexual activity, treatment of HIV and other sexually transmitted infections, and information about adolescent relationship abuse and intimate partner violence

1. Related Legislation.

AB 2053 (Mathis, 2024) would require that instruction about adolescent relationship abuse and intimate partner violence include, within the CHYA, the resources available to students related to adolescent relationship abuse and intimate partner violence, include the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for students that have experienced domestic violence or stalking, and that are available by telephone 24 hours a day.

AB 1071 (Hoover, Chapter 65, Statutes of 2023) requires the CDE to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of pupils.

AB 1821 (Ramos, 2024) includes, that any instruction on the Spanish colonization of California and the Gold Rush Era, including instruction regarding the treatment of Native Americans during those periods within the History and Social Sciences (H-SS) course of study for grades 1 to 6 and 7 to 12.

AB 1805 (Ta, 2024) would require the IQC when the SBE adopts new instructional materials for H-SS on or after January 1, 2025, to consider providing for inclusion, in its evaluation criteria, content on the case of Mendez v. Westminster School District of Orange County.

SUPPORT

County Health Executives Association of California

Los Angeles County Office of Education

PERK Advocacy

OPPOSITION

None received

-- END --

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2932

Author:(Joe Patterson) – As Amended Ver:April 8, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Instructional Quality Commission (IQC) to consider including content on “sextortion” the next time the State Board of Education (SBE) revises the health curriculum framework.

FISCAL EFFECT:

Minor, if any, General Fund costs to the California Department of Education to implement the requirements of this bill.

COMMENTS:

1. Background. IQC is a state advisory body responsible for advising SBE on matters related to curriculum and instruction. One duty of IQC is to develop “curriculum frameworks” for approval by SBE. Curriculum frameworks provide guidance to schools for implementing the state’s instructional content standards. The curriculum frameworks are also used by IQC to establish criteria for its evaluation of instructional materials schools may use to teach the content standards for kindergarten through grade eight and to guide school district selection of instructional materials for grades nine through 12.

While IQC typically has adopted revised curriculum frameworks and related criteria for evaluating instructional materials every decade or so, state law does not require adoption on any specific timeline.

Sextortion is a portmanteau of sexual and extortion. This bill defines sextortion as the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.

This bill requires IQC to consider inclusion of content related to sextortion the next time SBE revises the health curriculum framework.

1. Related Legislation. AB 1805 (Ta) requires IQC to consider requiring that the evaluation criteria for the adoption of instructional materials include content related to the Mendez versus Westminster School District of Orange County case the next time SBE adopts instructional materials in history-social science for grades kindergarten through grade eight. The bill is pending on the Assembly floor.

AB 1821 (Ramos) requires IQC to consider including content on the treatment and perspectives of Native Americans during the Spanish colonization and Gold Rush periods when the history-social science curriculum framework or related materials are next revised. The bill is pending on the Assembly floor.

AB 2876 (Berman) requires the IQC to consider including media literacy content and Artificial Intelligence literacy content for inclusion in certain curriculum frameworks. The bill is pending in this committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 2932 (

Author:Joe Patterson) – As Introduced Ver:February 15, 2024

SUBJECT: Pupil instruction: sextortion prevention

SUMMARY: Requires that all students, once in middle and once in high school, receive instruction on sextortion, as defined, as part of instruction pursuant to the California Healthy Youth Act. Specifically, this bill:

1. Defines “sextortion” to mean the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
2. Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, at least once in junior high or middle school and at least once in high school, receive instruction on sextortion.
3. Requires that continuation training be available and conducted periodically to enable school district personnel to learn about sextortion, as a form of abuse. Encourages a school district to include training on early identification of sextortion, as a form of abuse.
4. States that a school district may provide sextortion education, including instruction on the prevalence and nature of sextortion, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.

EXISTING LAW:

1. Requires that students in grades 7 to 12, inclusive, receive instruction at least once in junior high or middle school and once in high school about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof. (Education Code (EC) 51934)
2. Authorizes a school district to provide optional instruction, as part of comprehensive sexual health education and HIV prevention education, regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking websites, computer networks, or other digital media. (EC 51934)
3. Requires public schools, including charter schools, and private schools, that serve students in any of grades 7 to 12, and public and private institutions of higher education that issue pupil or student identification cards, to print the telephone number for the National Domestic Violence Hotline and local domestic violence hotlines on those identification cards. (EC 215.5)
4. Requires the California Department of Education (CDE) to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of students. (EC 231.7)
5. Requires that, when the health education framework is revised after January 1, 2017, the Instructional Quality Commission (IQC) consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, which is age and developmentally appropriate and consistent with the health education standards adopted by the State Board of Education (SBE). (EC 33546)
6. States that, for purposes of this section, the “development of healthy relationships” includes, but is not limited to:
7. Understanding the principles of treating one another with respect, dignity, and kindness;
8. Demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict; and
9. Recognizing when and how to respond to dangerous or other situations that may result in the bullying, harassment, harming, or hurting of another person. (EC 33546)
10. Requires that, when the health education framework is revised after January 1, 2016, the IQC consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence that includes, but is not limited to, all of the following:
11. Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship; a discussion of prevention strategies; how students report sexual harassment and violence; and potential resources victims can access;
12. Discussion of the affirmative consent standard, as defined, and skills students may use to establish boundaries in peer and dating relationships; and
13. Discussion of legal aspects of sexual harassment and violence under state and federal law. (EC 33544)
14. Requires that, if the governing board of a school district requires a course in health education for graduation from high school, the governing board of the school district include instruction in sexual harassment and violence, including, but not limited to, information on the affirmative consent standard, as defined. (EC 33544)
15. Requires that, if the governing board of a school district provides instruction on sexual harassment and violence, it ensures teachers consult information related to sexual harassment and violence in the health education framework when delivering health instruction. (EC 51225.36)
16. Requires that when the health education framework is next revised after January 1, 2015, the IQC consider including a distinct category on sexual abuse and sex trafficking prevention education that includes, but is not limited to, all of the following:
17. Information on different forms of sexual abuse and assault; discussion of prevention strategies; how to report sexual abuse or suspected sexual abuse; and local resources for victims;
18. Discussion of healthy boundaries for relationships; how to recognize potentially harmful and abusive relationships; and refusal skills to overcome peer pressure and to avoid high-risk activities;
19. Information on sex trafficking and risk factors; the recruiting tactics of sex traffickers and peer recruiters, including recruitment through the internet; how to report sex trafficking or suspected sex trafficking; and local resources for victims;
20. Discussion of legal aspects of sexual abuse and sex trafficking under state and federal laws; and
21. Discussion of how culture and mass media influence and desensitize our perceptions of sexual abuse and sex trafficking, including, but not limited to, stereotypes and myths about the victims and abusers, victim blaming, and the role of language. Requires that this instruction emphasize compassion for people who have suffered from sexual abuse or sex trafficking, and support positive reentry experiences for survivors returning to school. (EC 33545)
22. Authorizes a school district to provide sexual abuse and sex trafficking prevention education, defined as instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident.
23. States that a parent or guardian of a student has the right to excuse his or her child from all or part of sexual abuse and sex trafficking prevention education, and assessments related to that education.
24. Authorizes the CDE to make available on its website resources on sexual abuse and sex trafficking prevention for professional learning purposes, and relevant materials for parents and guardians of students.
25. Encourages schools to collaborate with law enforcement on intervention programs for high-risk students and minors.
26. Authorizes in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EC 51950)

FISCAL EFFECT: This bill has been keyed a possible state-mandated local program by the Office of Legislative Counsel.

COMMENTS:

Need for the bill. The author states, “Unfortunately, sextortion is a real and growing threat that has seeped into the lives of our children. As a father of four young children, I feel it is my responsibility to represent the voices of parents in my district and throughout California. That’s why I have introduced legislation to require age-appropriate information about what sextortion is and how children can protect themselves. This is a fast growing problem and we must act now.”

Sextortion. According to materials provided by the author, the Federal Bureau of Investigations (FBI) reports that:

Sextortion can start on any site, app, messaging platform, or game where people meet and communicate. In some cases, the first contact from the criminal will be a threat. The person may claim to already have a revealing picture or video of a child that will be shared if the victim does not send more pictures. More often, however, this crime starts when young people believe they are communicating with someone their own age who is interested in a relationship or with someone who is offering something of value. 

After the criminals have one or more videos or pictures, they threaten to publish that content, or they threaten violence, to get the victim to produce more images. The shame, fear, and confusion children feel when they are caught in this cycle often prevents them from asking for help or reporting the abuse. Caregivers and young people should understand how the crime occurs and openly discuss online safety.

Electronic sharing of explicit material, relationship abuse, and sex trafficking addressed under current law and in the health curriculum. This bill would require that students receive instruction twice about sextortion, as defined. As noted above, current law already requires:

• Students in grades 7 to 12, inclusive, receive instruction at least once in junior high or middle school and once in high school about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof;
• As part of comprehensive sexual health education, that LEAs and charter schools provide students with information on local resources for assistance with sexual assault and intimate partner violence; and
• Authorizes a school district to provide optional instruction, as part of comprehensive sexual health education and HIV prevention education, regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking websites, computer networks, or other digital media. (EC 51934)

Additionally, the health education framework adopted by the SBE in 2019 contains a significant amount of content on healthy relationships, teen dating violence, and sex trafficking, including content on sharing of explicit images through electronic means. One lesson discusses this topic in the context of lessons on abuse:

For technological abuse, students share examples that include cyberbullying, stalking, demanding passwords, sending sexually explicit photographs, demanding sexually explicit photographs, and taking photographs of someone without their knowledge. Ms. L takes this opportunity to talk more about “sexting” and cyber exploitation. Students discuss the dangers of the internet and sharing sexually explicit photographs, even with a boyfriend/girlfriend/ partner(s). As part of this discussion, students recognize that once they send or allow someone else to take an explicit photograph, they no longer have control of who sees it or where it may be shared, including online.

In the chapter for grades 7-8, the Framework contains an extensive discussion of healthy relationships, dating violence, and sex trafficking, which includes a sample lesson on dating violence. One section reads:

Students build on previous discussions about sexual abuse in relationships and understand that sexually explicit photographs that students take of themselves and send to other students are sometimes used as blackmail to force or coerce victims into sex trafficking. Sending and receiving explicit photographs of anyone under the age of eighteen is also considered possession and/or distribution of child pornography, regardless of the age of the sender and receiver.

In the chapter for grades 9-12, the Framework discusses the sending of sexually explicit messages or images by mobile device, and sending and sharing explicit photographs as a form of abuse.

The Health Education Content Standards adopted by the SBE in 2008 include several standards related to teen dating violence:

Grades 7-8:

• 5.1.S: Use a decision-making process to examine risky social and dating situations.
• 5.2.S: Apply a decision-making process to avoid potentially dangerous situations, such as gang activities, violence in dating, and other social situations.
• 7.5.M: Demonstrate skills to avoid or escape from potentially violent situations, including dating.

Grades 9-12:

• 1.2.S: Recognize potentially harmful or abusive relationships, including dangerous dating situations.

Additionally, current law authorizes school districts to provide education on abuse, including sexual abuse and human trafficking prevention education.

Finally, the CDE is required to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of students.

Arguments in support. The County Health Executives Association of California writes, “Earlier this year, the Sacramento field office of the Federal Bureau of Investigations (FBI) issued an alert warning parents, educators, caregivers, and children about the dangers of sextortion and noted that from October 2022 to March 2023, they observed a more than 20% increase in reporting of financially motivated sextortion incidents involving minor victims compared to the same period the year before. The FBI also highlighted that these incidents could lead to self-harm and have led to suicide with at least 20 minor suicides occurring from October 2021 to March 2023. California’s Healthy Youth Act is the nation’s most comprehensive sexual health education and prevention program and adding instruction on a potentially dangerous issue such as sextortion for adolescent Californians is an important enhancement for this vital program.”

Recommended Committee amendments. Staff recommends that this bill be amended to require the IQC, the next time the SBE revises the Health Curriculum Framework or adopts instructional materials in this subject, to consider including in that framework and evaluation criteria content related to sextortion, as defined.

Related legislation. AB 2053 (Mathis) of the 2023-24 Session would require that instruction about adolescent relationship abuse and intimate partner violence include the resources available to students related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for students that have experienced domestic violence or stalking, and that are available by telephone 24 hours a day.

AB 1071 (Hoover), Chapter 65, Statutes of 2023, requires the CDE to post on its website resources on teen dating violence prevention, local and national hotlines and services for youth experiencing teen dating violence, and other relevant sources for parents, guardians, and other caretakers of students.

SB 316 (Rubio), Chapter 270, Statutes of 2019, requires public schools, including charter schools, and private schools, that serve students in any of grades 7 to 12, and public and private institutions of higher education that issue pupil or student identification cards, to print the telephone number for the National Domestic Violence Hotline and local domestic violence hotlines on those identification cards.

AB 643 (Frazier), Chapter 574, Statutes of 2017, requires that content on the early warning signs of adolescent relationship abuse and intimate partner violence be included in mandated sexual health instruction.

SB 1435 (Jackson) Chapter 633, Statutes of 2016, requires, when the health curriculum framework is next revised after January 1, 2017, the IQC to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

SB 592 (Leyva) of the 2015-16 Session would have required school districts to provide educational programs that promote healthy relationships and prevent adolescent relationship abuse to students in grades 6-12, required the Superintendent of Public Instruction (SPI) to provide information for use by schools, and required school safety plans to include procedures and policies to prevent and respond to adolescent relationship abuse. This bill was held in the Senate Appropriations Committee.

AB 329 (Weber), Chapter 398, Statutes of 2015, makes instruction in sexual health education a requirement, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

SB 695 (de Leon), Chapter 424, Statutes of 2015, requires the IQC to consider adding content to the health curriculum framework for grades 9-12 on sexual harassment and violence, including the affirmative consent standard, and requires school districts which require a health course for graduation to include this content.

AB 1227 (Bonta), Chapter 558, Statutes of 2017, establishes the Human Trafficking Prevention Education and Training Act, which allows schools to provide training on human trafficking, and makes changes to the Commercially Sexually Exploited Children Program by, among other things, including educational entities among the groups with whom a county must collaborate, as specified.

SB 1165 (Mitchell), Chapter 713, Statutes of 2014, requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.

REGISTERED SUPPORT / OPPOSITION:

Support

County Health Executives Association of California

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087