Civil law: personal rights: online sex trafficking: sexual photographs.
Summary
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 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 would state that its provisions are severable.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2024
Senate Passage
May 2023
Assembly Passage
Governor
Introduced Feb 16, 2023
Last action Aug 15, 2024
Floor votes · Senate May 22, 2023
How they voted
39–0
Passed · 1 other
Total votes 40
May 22, 2023
D
Democratic31
100% Yea
R
Republican9
88% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
1
Committee
6
Amendments
6
Aug 15, 2024
Assembly · Reported by committee
August 15 hearing: Held in committee and under submission.
Sep 1, 2023
Assembly · Reported by committee
September 1 hearing postponed by committee.
Jun 21, 2023
Assembly · Amendment adopted
Read second time and amended. Re-referred to Com. on APPR.
Jun 20, 2023
Assembly · Amendment adopted
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 20).
May 26, 2023
Assembly · Referred to committee
Referred to Com. on JUD.
May 22, 2023
Senate · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 1219.) Ordered to the Assembly.
May 18, 2023
Senate · Reported by committee
From committee: Do pass. (Ayes 6. Noes 0. Page 1178.) (May 18).
Apr 27, 2023
Senate · Amendment adopted
Read second time and amended. Re-referred to Com. on APPR.
Apr 26, 2023
Senate · Amendment adopted
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 895.) (April 25).
Apr 12, 2023
Senate · Amendment adopted
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Mar 29, 2023
Senate · Referred to committee
Re-referred to Com. on JUD.
Mar 21, 2023
Senate · Amendment adopted
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar 1, 2023
Senate · Referred to committee
Referred to Com. on RLS.
Feb 16, 2023
Senate · Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Dave Cortese
DDemocratic
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