SB 798

Bill Subjects

Abstract

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, as defined, of that person without their consent, knowing that the other person had a reasonable expectation that the material would remain private, if specified conditions are met. Existing law also makes it a misdemeanor for a person, with intent to annoy, to make contact with another person by means of an electronic communication device and to address to or about the other person any obscene language or threat to inflict injury. This bill, entitled the Preventing Indecent Content Sharing (PICS) Act, would establish a private cause of action against a person who knowingly transmits or shares a lewd image by electronic means 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 that the image they received was lewd, there was clear intent by the defendant that the plaintiff receive the image, and that there was no, or only a limited, relationship between the plaintiff and the defendant. The bill would authorize a plaintiff to be awarded statutory damages between $500 and $5,000 and reasonable attorney's fees.