Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person, or of a person engaged in a sexual act, without the person’s consent if specified conditions are met. Existing law also provides that a depicted individual, as defined, has a cause of action against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law authorizes the court to grant reasonable attorney’s fees and costs to the prevailing party for these causes of action.

This bill would require attorney’s fees and costs to be awarded to the prevailing plaintiff in a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, as defined, including through electronic distribution.