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California Assembly Bill AB392

California 2025-2026 Regular Session

California Assembly Bill AB392 Compare Versions

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1-Amended IN Assembly March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 392Introduced by Assembly Member DixonFebruary 03, 2025 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 392, as amended, Dixon. Pornographic internet websites: consent.Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit require a person who operates a pornographic internet website from knowingly allowing a user to upload to take reasonable steps to ensure that any sexually explicit content, as defined, uploaded to the operators pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. does not contain a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement, under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also, if a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, require the operator to remove the sexually explicit content from its pornographic internet website within 48 hours.This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 392Introduced by Assembly Member DixonFebruary 03, 2025 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 392, as introduced, Dixon. Pornographic internet websites: consent.Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit a person who operates a pornographic internet website from knowingly allowing a user to upload sexually explicit content, as defined, to the pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. By expanding the scope of the crime of perjury, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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3- Amended IN Assembly March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 392Introduced by Assembly Member DixonFebruary 03, 2025 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 392, as amended, Dixon. Pornographic internet websites: consent.Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit require a person who operates a pornographic internet website from knowingly allowing a user to upload to take reasonable steps to ensure that any sexually explicit content, as defined, uploaded to the operators pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. does not contain a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement, under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also, if a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, require the operator to remove the sexually explicit content from its pornographic internet website within 48 hours.This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 392Introduced by Assembly Member DixonFebruary 03, 2025 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 392, as introduced, Dixon. Pornographic internet websites: consent.Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit a person who operates a pornographic internet website from knowingly allowing a user to upload sexually explicit content, as defined, to the pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. By expanding the scope of the crime of perjury, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Amended IN Assembly March 26, 2025
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7-Amended IN Assembly March 26, 2025
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1313 No. 392
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1515 Introduced by Assembly Member DixonFebruary 03, 2025
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1717 Introduced by Assembly Member Dixon
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2020 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 392, as amended, Dixon. Pornographic internet websites: consent.
26+AB 392, as introduced, Dixon. Pornographic internet websites: consent.
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28-Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit require a person who operates a pornographic internet website from knowingly allowing a user to upload to take reasonable steps to ensure that any sexually explicit content, as defined, uploaded to the operators pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. does not contain a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement, under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also, if a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, require the operator to remove the sexually explicit content from its pornographic internet website within 48 hours.This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.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.
28+Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would prohibit a person who operates a pornographic internet website from knowingly allowing a user to upload sexually explicit content, as defined, to the pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. By expanding the scope of the crime of perjury, this 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.
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3030 Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.
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32-This bill would prohibit require a person who operates a pornographic internet website from knowingly allowing a user to upload to take reasonable steps to ensure that any sexually explicit content, as defined, uploaded to the operators pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. does not contain a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement, under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also, if a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, require the operator to remove the sexually explicit content from its pornographic internet website within 48 hours.
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34-This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.
32+This bill would prohibit a person who operates a pornographic internet website from knowingly allowing a user to upload sexually explicit content, as defined, to the pornographic internet website unless the user has submitted to the operator a statement, under penalty of perjury, that any individual depicted in the sexually explicit content is at least 18 years of age and has consented to the sexually explicit content being uploaded to the internet, and the user has submitted information sufficient to enable the operator to contact the user. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
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3634 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.
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3836 This bill would provide that no reimbursement is required by this act for a specified reason.
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4038 ## Digest Key
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4240 ## Bill Text
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44-The people of the State of California do enact as follows:SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
42+The people of the State of California do enact as follows:SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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4644 The people of the State of California do enact as follows:
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4846 ## The people of the State of California do enact as follows:
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50-SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
48+SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.
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5250 SECTION 1. Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read:
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5452 ### SECTION 1.
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56- CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
54+ CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.
5755
58- CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
56+ CHAPTER 22.6. Pornographic Internet Websites22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.
5957
6058 CHAPTER 22.6. Pornographic Internet Websites
6159
6260 CHAPTER 22.6. Pornographic Internet Websites
6361
64-22605. As used in this chapter:(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria: (1) The individual did not consent to being depicted in the sexually explicit content.(2) The individual was a minor at the time the sexually explicit content was created.(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.(a)(b) Operator means a person who operates a pornographic internet website.(b)(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c)(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
62+22605. As used in this chapter:(a) Operator means a person who operates a pornographic internet website.(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
6563
6664
6765
6866 22605. As used in this chapter:
6967
70-(a) Depicted individual means an individual who is depicted as engaging in sexual acts in sexually explicit content who meets any of the following criteria:
68+(a) Operator means a person who operates a pornographic internet website.
7169
72- (1) The individual did not consent to being depicted in the sexually explicit content.
70+(b) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.
7371
74-(2) The individual was a minor at the time the sexually explicit content was created.
72+(c) Sexually explicit content means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
7573
76-(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.
77-
78-(a)
74+22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:(1) The individual is at least 18 years of age.(2) The individual has consented to the sexually explicit content being uploaded to the internet.(b) Information sufficient to enable the operator to contact the user.
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8076
8177
82-(b) Operator means a person who operates a pornographic internet website.
78+22606. An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator:
8379
84-(b)
80+ (a) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both of the following criteria:
8581
82+(1) The individual is at least 18 years of age.
8683
84+(2) The individual has consented to the sexually explicit content being uploaded to the internet.
8785
88-(c) Pornographic internet website means an internet website on which the owner of the internet website, for commercial gain, knowingly uploads, or allows others to upload, sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.
89-
90-(c)
91-
92-
93-
94-(d) Sexually explicit content means visual imagery imagery, including imagery generated by artificial intelligence, of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
95-
96-22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website: (a)(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:(1)(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.(2)(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.(III) The individual consented to being depicted in the sexually explicit content.(b)(ii) Information sufficient to enable the operator to contact the user.(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.
97-
98-
99-
100-22606. (a) (1) (A) An operator shall not knowingly allow a user to upload sexually explicit content to the pornographic internet website unless the user has submitted both of the following to the operator: take reasonable steps to ensure that any sexually explicit content uploaded to the operators pornographic internet website does not include a depicted individual.
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102-(B) Before uploading sexually explicit content to a pornographic internet website, a user shall submit all of the following to the operator of the pornographic internet website:
103-
104- (a)
105-
106-
107-
108-(i) A statement, under penalty of perjury, that any individual depicted in the sexually explicit content meets both all of the following criteria:
109-
110-(1)
111-
112-
113-
114-(I) The individual is at least 18 years of age. was not a minor at the time the sexually explicit content was created.
115-
116-(2)
117-
118-
119-
120-(II) The individual has consented consents to the sexually explicit content being uploaded to the internet.
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122-(III) The individual consented to being depicted in the sexually explicit content.
123-
124-(b)
125-
126-
127-
128-(ii) Information sufficient to enable the operator to contact the user.
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130-(2) An operator shall be presumed to have violated this subdivision if the operator did not obtain a statement described in clause (i) of subparagraph (B) of paragraph (1).
131-
132-(b) If a depicted individual provides an operator with information that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content, the operator shall remove the sexually explicit content from its pornographic internet website within 48 hours.
133-
134-22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.(2) Punitive damages.(3) Reasonable attorneys fees and costs.(4) Any other available relief, including injunctive relief.(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.(2) Injunctive and other equitable relief.(3) Reasonable attorneys fees and costs.(4) Any other relief the court deems appropriate.
135-
136-
137-
138-22607. (a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website, if the operator allowed that content to be uploaded to, or remain on, its internet website, in violation of Section 22606 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.
139-
140-(b) A depicted individual who brings a civil action pursuant to this section may obtain all of the following relief:
141-
142-(1) Statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation.
143-
144-(2) Punitive damages.
145-
146-(3) Reasonable attorneys fees and costs.
147-
148-(4) Any other available relief, including injunctive relief.
149-
150-(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:
151-
152-(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.
153-
154-(2) Injunctive and other equitable relief.
155-
156-(3) Reasonable attorneys fees and costs.
157-
158-(4) Any other relief the court deems appropriate.
159-
160-22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
161-
162-
163-
164-22608. The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
86+(b) Information sufficient to enable the operator to contact the user.
16587
16688 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
16789
16890 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
16991
17092 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
17193
17294 ### SEC. 2.