Today's Law As Amended


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SB-1182 Unsolicited images.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1708.88 is added to the Civil Code, to read:

1708.88.
 (a) A private cause of action lies against a person who knowingly sends an unsolicited image by electronic means depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person.
(b) For purposes of this section, an image is “unsolicited” if the recipient has not expressly requested the image, has not expressly consented to its transmittal, or has expressly forbidden its transmittal. For purposes of this section, an image is expressly requested or expressly consented to only if the request or consent is communicated in writing, including, but not limited to, a writing communicated by electronic means. An “image” includes, but is not limited to, a moving visual image.
(c) (1) A prevailing plaintiff who suffers harm as a result of the violation of subdivision (a) may recover any of the following:
(A) Economic and noneconomic damages proximately caused by the sending of the image, including damages for emotional distress.
(B) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages of a sum of not less than one thousand five hundred dollars ($1,500) but not more than thirty thousand dollars ($30,000).
(C) Punitive damages.
(D) Reasonable attorney’s fees and costs.
(E) Any other available relief, including injunctive relief.
(2) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
(d) This section does not apply to an internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that the entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another person.

SEC. 2.

 Section 314.5 is added to the Penal Code, to read:

314.5.
 (a) It is unlawful for a person to knowingly send an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person.
(b) For purposes of this section, an image is “unsolicited” if the recipient has not expressly requested the image, has not expressly consented to its transmittal, or has expressly forbidden its transmittal. For purposes of this section, an image is expressly requested or expressly consented to only if the request or consent is communicated in writing, including, but not limited to, a writing communicated by electronic means. An “image” includes, but is not limited to, a moving visual image.
(c) A violation of this section is an infraction, punishable by a five-hundred-dollar ($500) fine for a first offense, and by a one-thousand-dollar ($1,000) fine for second or subsequent offense.
(d) This section does not apply to an internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that the entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another person.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.