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CA SB1182

Bill

Status

Introduced

2/20/2020

Primary Sponsor

Ling Ling Chang

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Creates a criminal offense under Penal Code Section 314.5 for knowingly sending unsolicited sexually explicit images by electronic means, including images depicting sexual acts or exposed genitals or anus of any person.

  • Establishes penalties as an infraction with a $500 fine for a first offense and $1,000 fine for second or subsequent offenses.

  • Creates a private civil cause of action under Civil Code Section 1708.88 allowing victims to recover economic and noneconomic damages, statutory damages of $1,500 to $30,000, punitive damages, attorney's fees and costs, and injunctive relief.

  • Defines an image as "unsolicited" if the recipient has not expressly requested it in writing, has not expressly consented to it in writing, or has expressly forbidden its transmittal.

  • Exempts internet service providers, mobile data providers, and online application operators from liability when they are merely transmitting, routing, or providing connections for communications initiated by another person.

Legislative Description

Unsolicited images.

Last Action

Referral to Com. on PUB. S. rescinded due to the shortened 2020 Legislative Calendar.

5/12/2020

Committee Referrals

Judiciary3/5/2020
Rules2/20/2020

Full Bill Text

No bill text available