Today's Law As Amended

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SB-798 Unsolicited lewd images.(2019-2020)

As Amends the Law Today

 This act shall be known, and may be cited as, the Preventing Indecent Content Sharing (PICS) Act.

SEC. 2.

 Section 1708.87 is added to the Civil Code, to read:

 (a) A private cause of action lies against a person who knowingly transmits or shares a lewd image by electronic means that depicts a person engaging in sexual conduct, or is of a person’s covered male genitals in a discernibly turgid state, if the transmission or sending of that image was not at the request of, or expressly consented to by, the plaintiff and the plaintiff can demonstrate each of the following:
(1) The image they received was lewd.
(2) There was clear intent by the defendant that the image be received by the plaintiff.
(3) There is no, or only a limited, relationship between the plaintiff and the defendant.
(b) Statutory damages awarded to a plaintiff in an action brought pursuant to subdivision (a) shall not be less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). In addition to any damages, injunction, or other equitable relief awarded to the plaintiff, the court may award the plaintiff reasonable attorney’s fees.
(c) For purposes of this section, “sexual conduct” has the same meaning as in subdivision (b) of Section 311.3 of the Penal Code.