Bill Text: CA AB2643 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Invasion of privacy: distribution of sexually explicit materials.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 859, Statutes of 2014. [AB2643 Detail]

Download: California-2013-AB2643-Introduced.html

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BILL NUMBER: AB 2643	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 21, 2014

   An act to add Section 48.95 to the Civil Code, relating to
privacy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2643, as introduced, Wieckowski. Invasion of privacy:
distribution of sexually explicit materials.
   Existing law makes it a crime for a person to distribute, with the
intent to cause serious emotional distress, a photograph or recorded
image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, if the depicted person
subsequently suffers serious emotional distress.
   This bill would create a private right of action against a person
who intentionally or recklessly distributes a photograph or recorded
image of another that exposes the intimate body parts of that person
or him or her engaged in a sexual act, without his or her consent, if
specified conditions are met, including that the person depicted
suffer emotional distress. The bill would establish affirmative
defenses to that cause of action, including waiver or consent of the
person appearing in the material. In a civil proceeding pursuant to
these provisions, the bill would also authorize equitable relief, as
specified, and substituting a pseudonym for the true name of the
plaintiff.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48.95 is added to the Civil Code, to read:
   48.95.  (a) A private cause of action lies against a person who
intentionally or recklessly distributes a photograph, film,
videotape, recording, or any other reproduction of another, without
his or her consent, if all of the following are met:
   (1) The distributed material exposes an intimate body part of the
other person, or shows the other person engaging in an act of sexual
penetration or other sexual act.
   (2) The distribution of the material causes emotional distress to
the other person.
   (b) There shall be no liability on the part of the person
distributing material under subdivision (a) under any of the
following circumstances:
   (1) The distributed material was created under an agreement by the
person appearing in the material for its public use and distribution
or otherwise intended by that person for public use and
distribution.
   (2) The person possessing or viewing the distributed material has
permission from the person appearing in the material to possess or
view the material.
   (3) The person appearing in the material waived any expectation of
privacy in the distributed material by distributing it to a
substantial number of persons.
   (4) The distributed material constitutes a matter of public
concern.
   (c) In addition to any other relief, the court may order equitable
relief against the person violating subdivision (a), including a
temporary restraining order, or a preliminary injunction or a
permanent injunction ordering the defendant to remove the distributed
material. The court may grant injunctive relief substituting a
pseudonym for the true name of the plaintiff pursuant to subdivision
(d). The court may also grant, after holding a properly noticed
hearing, reasonable attorneys fees and costs to the prevailing party.

   (d) (1) In a civil proceeding pursuant to subdivision (a), the
court shall substitute a pseudonym for the true name of the
plaintiff. The actual name and other identifying characteristics of
the plaintiff shall be revealed to the court only in camera, and the
court shall seal that information from further revelation, except to
defense counsel as part of discovery.
   (2) All court decisions, orders, petitions, and other documents,
including motions and papers filed by the parties, shall be worded so
as to protect the name or other identifying characteristics of the
plaintiff from public revelation.
   (3) Unless the plaintiff requests otherwise, the court shall, at
the first opportunity, issue an order that the parties, their counsel
and other agents, court staff, and all other persons subject to the
jurisdiction of the court shall make no public revelation of the name
or any other identifying characteristics of the plaintiff.
   (4) As used in this subdivision, "identifying characteristics"
includes, but is not limited to, name or any part thereof, address or
any part thereof, city or unincorporated area of residence, age,
marital status, relationship to defendant, and race or ethnic
background.