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CA AB2643

Bill

Status

Passed

9/30/2014

Primary Sponsor

Bob Wieckowski

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Creates a private civil right of action against anyone who intentionally distributes intimate images or sexually explicit recordings of another person without consent, if the distributor knew the recipient had a reasonable expectation of privacy.

  • Defines "intimate body part" as any portion of the genitals, or for females, any portion of the breast below the top of the areola that is uncovered or visible through less than fully opaque clothing.

  • Establishes six affirmative defenses including: material created for public distribution, consent to publish, waiver of privacy expectation, matters of public concern, material photographed in public without reasonable expectation of privacy, or previously distributed by another.

  • Allows plaintiffs to proceed using a pseudonym (John Doe, Jane Doe, or Doe) with a confidential information form, and permits courts to order equitable relief including injunctions and reasonable attorney's fees to prevailing plaintiffs.

  • Becomes operative July 1, 2015; requires the Judicial Council to develop the confidential information form by the same date.

Legislative Description

Invasion of privacy: distribution of sexually explicit materials.

Last Action

Chaptered by Secretary of State - Chapter 859, Statutes of 2014.

9/30/2014

Committee Referrals

Appropriations6/23/2014
Judiciary5/28/2014
Rules5/19/2014
Appropriations4/23/2014
Judiciary3/17/2014

Full Bill Text

No bill text available