AB 1962 Summary

• Expands California Penal Code Section 647 (disorderly conduct) to criminalize distribution of intimate images obtained without authorization or through exceeding authorized access to accounts, files, or resources.

• Makes it illegal to intentionally distribute intimate images when the distributor knows or should know it will cause serious emotional distress, and the depicted person actually suffers that distress.

• Criminalizes creation and distribution of deepfake or photorealistic sexual images of identifiable persons with intent to cause serious emotional distress, except for individuals under 18 years old at time of offense.

• Establishes exceptions allowing image distribution when made in reporting unlawful activity, compliance with court orders, lawful public proceedings, or matters of public concern or interest.

• Specifies that no state reimbursement is required for local enforcement costs as this expands an existing crime under California Constitutional requirements.