Amended IN Assembly June 21, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 646Introduced by Senator CorteseFebruary 16, 2023An act to add Sections 52.9 and 52.95 to the Civil Code, relating to civil law.LEGISLATIVE COUNSEL'S DIGESTSB 646, as amended, Cortese. Civil law: personal rights: online sex trafficking: sexual photographs. Existing law grants a cause of action to a depicted individual, as defined, 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) 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 also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor.This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified.The specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed.The bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person depicted.The bill would state that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Business Insider revealed that, during the global COVID-19 pandemic, online child sexual abuse material (CSAM) being posted and sent on social media platforms rose by a shocking 31 percent. This figure comes from the National Center for Missing and Exploited Children (NCMEC).(b) In 2019, it was found that Facebook recorded more CSAM than any other technology platform, and was responsible for 99 percent of reports to NCMEC.(c) Facebook claims that from July to September, inclusive, 2020, it detected 13,000,000 images alone on Facebook and Instagram, which clearly highlights the severity of this issue and the increasing danger that this poses. These figures that came from NCMEC come from data given to NCMEC by CyberTipline.(d) In 2019, NCMECs CyberTipline received 16,900,000 reports relating to suspected child sexual exploitation. The reports mostly flagged by users of social media platforms or search engines went on to reveal 69,100,000 million images, videos, and files. Fifteen million eight hundred eighty-four thousand five hundred eleven were found on Facebook, 449,283 were found on Google, 82,030 were found on Snapchat and 45,726 were found on Twitter.SEC. 2. Section 52.9 is added to the Civil Code, to read:52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 3. Section 52.95 is added to the Civil Code, to read:52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
Amended IN Assembly June 21, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 646Introduced by Senator CorteseFebruary 16, 2023An act to add Sections 52.9 and 52.95 to the Civil Code, relating to civil law.LEGISLATIVE COUNSEL'S DIGESTSB 646, as amended, Cortese. Civil law: personal rights: online sex trafficking: sexual photographs. Existing law grants a cause of action to a depicted individual, as defined, 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) 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 also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor.This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified.The specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed.The bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person depicted.The bill would state that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Assembly June 21, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 21, 2023
Amended IN Assembly June 21, 2023
Amended IN Senate April 27, 2023
Amended IN Senate April 12, 2023
Amended IN Senate March 21, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 646
Introduced by Senator CorteseFebruary 16, 2023
Introduced by Senator Cortese
February 16, 2023
An act to add Sections 52.9 and 52.95 to the Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 646, as amended, Cortese. Civil law: personal rights: online sex trafficking: sexual photographs.
Existing law grants a cause of action to a depicted individual, as defined, 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) 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 also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor.This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified.The specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed.The bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person depicted.The bill would state that its provisions are severable.
Existing law grants a cause of action to a depicted individual, as defined, 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) 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 also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.
Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor.
This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified.The specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant.
The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed.
The bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person depicted.
The bill would state that its provisions are severable.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Business Insider revealed that, during the global COVID-19 pandemic, online child sexual abuse material (CSAM) being posted and sent on social media platforms rose by a shocking 31 percent. This figure comes from the National Center for Missing and Exploited Children (NCMEC).(b) In 2019, it was found that Facebook recorded more CSAM than any other technology platform, and was responsible for 99 percent of reports to NCMEC.(c) Facebook claims that from July to September, inclusive, 2020, it detected 13,000,000 images alone on Facebook and Instagram, which clearly highlights the severity of this issue and the increasing danger that this poses. These figures that came from NCMEC come from data given to NCMEC by CyberTipline.(d) In 2019, NCMECs CyberTipline received 16,900,000 reports relating to suspected child sexual exploitation. The reports mostly flagged by users of social media platforms or search engines went on to reveal 69,100,000 million images, videos, and files. Fifteen million eight hundred eighty-four thousand five hundred eleven were found on Facebook, 449,283 were found on Google, 82,030 were found on Snapchat and 45,726 were found on Twitter.SEC. 2. Section 52.9 is added to the Civil Code, to read:52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 3. Section 52.95 is added to the Civil Code, to read:52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Business Insider revealed that, during the global COVID-19 pandemic, online child sexual abuse material (CSAM) being posted and sent on social media platforms rose by a shocking 31 percent. This figure comes from the National Center for Missing and Exploited Children (NCMEC).(b) In 2019, it was found that Facebook recorded more CSAM than any other technology platform, and was responsible for 99 percent of reports to NCMEC.(c) Facebook claims that from July to September, inclusive, 2020, it detected 13,000,000 images alone on Facebook and Instagram, which clearly highlights the severity of this issue and the increasing danger that this poses. These figures that came from NCMEC come from data given to NCMEC by CyberTipline.(d) In 2019, NCMECs CyberTipline received 16,900,000 reports relating to suspected child sexual exploitation. The reports mostly flagged by users of social media platforms or search engines went on to reveal 69,100,000 million images, videos, and files. Fifteen million eight hundred eighty-four thousand five hundred eleven were found on Facebook, 449,283 were found on Google, 82,030 were found on Snapchat and 45,726 were found on Twitter.
SECTION 1. The Legislature finds and declares all of the following:(a) Business Insider revealed that, during the global COVID-19 pandemic, online child sexual abuse material (CSAM) being posted and sent on social media platforms rose by a shocking 31 percent. This figure comes from the National Center for Missing and Exploited Children (NCMEC).(b) In 2019, it was found that Facebook recorded more CSAM than any other technology platform, and was responsible for 99 percent of reports to NCMEC.(c) Facebook claims that from July to September, inclusive, 2020, it detected 13,000,000 images alone on Facebook and Instagram, which clearly highlights the severity of this issue and the increasing danger that this poses. These figures that came from NCMEC come from data given to NCMEC by CyberTipline.(d) In 2019, NCMECs CyberTipline received 16,900,000 reports relating to suspected child sexual exploitation. The reports mostly flagged by users of social media platforms or search engines went on to reveal 69,100,000 million images, videos, and files. Fifteen million eight hundred eighty-four thousand five hundred eleven were found on Facebook, 449,283 were found on Google, 82,030 were found on Snapchat and 45,726 were found on Twitter.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Business Insider revealed that, during the global COVID-19 pandemic, online child sexual abuse material (CSAM) being posted and sent on social media platforms rose by a shocking 31 percent. This figure comes from the National Center for Missing and Exploited Children (NCMEC).
(b) In 2019, it was found that Facebook recorded more CSAM than any other technology platform, and was responsible for 99 percent of reports to NCMEC.
(c) Facebook claims that from July to September, inclusive, 2020, it detected 13,000,000 images alone on Facebook and Instagram, which clearly highlights the severity of this issue and the increasing danger that this poses. These figures that came from NCMEC come from data given to NCMEC by CyberTipline.
(d) In 2019, NCMECs CyberTipline received 16,900,000 reports relating to suspected child sexual exploitation. The reports mostly flagged by users of social media platforms or search engines went on to reveal 69,100,000 million images, videos, and files. Fifteen million eight hundred eighty-four thousand five hundred eleven were found on Facebook, 449,283 were found on Google, 82,030 were found on Snapchat and 45,726 were found on Twitter.
SEC. 2. Section 52.9 is added to the Civil Code, to read:52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 2. Section 52.9 is added to the Civil Code, to read:
### SEC. 2.
52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
52.9. (a) For purposes of this section:(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section. (2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.(j)(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.(k)(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
52.9. (a) For purposes of this section:
(1) Actionable material means a moving or still photograph in any technological form, regardless of whether it has been altered, that is either of the following:
(A) An illicit picture of a person who was less than 18 years of age at the time the photograph was created, or their identifiable likeness.
(B) An image or depiction of a person who, when less than 18 years of age, was a victim of a violation of Section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of Title 18 of the United States Code, and would have a cause of action available to them under Section 2255 of Title 18 of the United States Code due, in whole or in part, to that image or depiction.
(2) Electronic distribution means a transmission or sharing by electronic means including, but not limited to, transmission, posting for public view, or sharing via an internet website, platform, application, peer-to-peer file sharing, or other online mechanism.
(3) Illicit picture means an image of the intimate body part or parts of an identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates.
(b) (1) A person who is depicted in actionable material when the person was less than 18 years of age may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, and any other appropriate relief, including statutory damages and attorneys fees and costs, against a person or entity that distributes, distributes actionable material, including through electronic distribution, actionable material. distribution.
(2) A parent or guardian may bring a civil action pursuant to this section on behalf of a minor or ward in the actionable material.
(c) Upon receipt of notice from the person in the actionable material, a person or entity distributing actionable material shall immediately remove the material or disable its distribution.
(d) An action brought pursuant to this section shall be commenced within 6 years of discovery of infringement, or within 10 years of the person in the actionable material having reached 18 years of age, whichever is longer.
(e) (1) In addition to any other damages awarded, statutory damages in the amount of two hundred thousand dollars ($200,000) shall be awarded to the prevailing plaintiff to be paid by the defendant for failing to cease distribution of, the material within two business days after notice of claimed infringement of this section was received by the defendant.
(2) If actionable material about which the defendant received notice is removed from electronic distribution, or access to them is disabled, within two business days of having received notice of claimed infringement under this section, civil liability or statutory damages under this section shall not be available.
(3) The amount of the statutory damages awarded to a plaintiff pursuant to paragraph (1) shall be adjusted commencing on January 1, 2028, and every five years thereafter, to reflect an increase in the cost of living in California, as indicated by the annual average of the California Consumer Price Index.
(f) A person shall not be liable for distributing the material pursuant to this section if the distribution is made in the course of reporting unlawful activity or is necessary to comply with a court order or other law.
(g) (1) A person or entity that operates an online service or internet website that is available in California shall list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of this section.
(2) A person or entity that operates an online service or internet website that is available in California shall create a method to contact the agent listed pursuant to paragraph (1) for the purpose of reporting content that the user believes was erroneously removed as actionable material.
(h) A civil injunction shall be available to block or interrupt the distribution, including electronic distribution, of actionable material.
(i)In addition to the personal right of action set forth in subdivision (b), the Attorney General shall commence an action to enforce this section against a person or entity that engages in repeated violations, and shall, among other actions, levy fines commensurate with the statutory damages provided in subdivision (e), payable to the person in the actionable material.
(j)
(i) The provisions of this section are cumulative to any other rights, duties, obligations, penalties, or crimes imposed under any other law.
(k)
(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3. Section 52.95 is added to the Civil Code, to read:52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
SEC. 3. Section 52.95 is added to the Civil Code, to read:
### SEC. 3.
52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.
52.95. (a) A person or entity that operates an online service or internet website that is available in California shall destroy an item of actionable material if the operator of that online service or internet website has confirmed that any investigation related to that actionable material has been completed.
(b) Actionable material has the same definition as paragraph (1) of subdivision (a) of Section 52.9.