Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, the intentional distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. Under existing law, disorderly conduct is punishable as a misdemeanor.

This bill would make a person guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create, an intimate digital depiction of another individual without consent of that individual. The bill would define “intimate digital depiction” as an image or video of an individual that has been created or altered using digital manipulation and that depicts, among other things, an identifiable individual engaging in sexually explicit conduct. The bill would require this crime to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. By creating a new crime, the bill would impose a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.