California Civil Code

§ 1708.85

CIV § 1708.85 Effective Jan 1, 2022Div. 3 · Part 3

Statute text

(a)A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a.

(b)As used in this section, “intimate body part” means any portion of the genitals, and, in the case of a female, also includes any portion of the breast below the top of the areola, that is uncovered or visible through less than fully opaque clothing.

(c)There shall be no liability on the part of the person distributing material under subdivision (a) under any of the following circumstances:

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Legislative history

Amended by Stats. 2021, Ch. 518, Sec. 1. (AB 514) Effective January 1, 2022.