WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(15) For purposes of this section: (1) "Authorized representativeAuthorized representative"Authorized representative" means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented.Civ. Code § 1708.86(a)(1)" means an attorney, talent agent, or personal manager authorized to represent a depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) if the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) is represented. (2) (A) "ConsentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2)" means an agreement written in plain language signed knowingly and voluntarily by the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) that includes a general description of the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) and the visual or audiovisual work in which it will be incorporated. (B) A depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) may rescind consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) by delivering written notice within three business days from the date consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) was given to the person in whose favor consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) was made, unless one of the following requirements is satisfied: (i) The depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4)'s authorized representativeAuthorized representative"Authorized representative" means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented.Civ. Code § 1708.86(a)(1) provides written approval of the signed agreement. (3) "Deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3)" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7). (4) "Depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4)" means an individual who is portrayed in sexually explicit material. (5) "Despicable conductDespicable conduct"Despicable conduct" means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person.Civ. Code § 1708.86(a)(5)" means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person. (6) "DigitizationDigitization"Digitization" means a process by which any of the following are realistically depicted: (A) The nude body parts of another human being as the nude body parts of the depicted individual. (B) Computer-generated nude body parts as the nude body parts of the depicted individual. (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.Civ. Code § 1708.86(a)(6)" means a process by which any of the following are realistically depicted: (A) The nude body parts of another human being as the nude body parts of the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4). (B) Computer-generated nude body parts as the nude body parts of the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4). (C) The depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) engaging in sexual conductSexual conduct"Sexual conduct" means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual.Civ. Code § 1708.86(a)(15) in which the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) did not engage. (7) "Digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7)" means any portion of a visual or audiovisual work created or substantially altered through digitizationDigitization"Digitization" means a process by which any of the following are realistically depicted: (A) The nude body parts of another human being as the nude body parts of the depicted individual. (B) Computer-generated nude body parts as the nude body parts of the depicted individual. (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.Civ. Code § 1708.86(a)(6), including an image, that shows the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) in the nude or appearing to engage in, or being subjected to, sexual conductSexual conduct"Sexual conduct" means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual.Civ. Code § 1708.86(a)(15). (8) "DiscloseDisclose"Disclose" means to publish, make available, or distribute to the public.Civ. Code § 1708.86(a)(8)" means to publish, make available, or distribute to the public. (9) "Individual" means a natural person. (10) (A) "MaliceMalice"Malice" means an intent to cause harm to the depicted individual or to engage in despicable conduct with a willful and knowing disregard of the rights of the depicted individual. A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences.Civ. Code § 1708.86(a)(10)" means an intent to cause harm to the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) or to engage in despicable conductDespicable conduct"Despicable conduct" means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person.Civ. Code § 1708.86(a)(5) with a willful and knowing disregard of the rights of the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4). (B) A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences. (11) "Nude" means visible genitals, pubic area, anus, or a female's postpubescent nipple or areola. (12) "Person" means a natural person or legal entity. (13) "Plaintiff" includes cross-plaintiff. (14) "Public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14)" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor. (15) "Sexual conductSexual conduct"Sexual conduct" means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual.Civ. Code § 1708.86(a)(15)" means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conductSexual conduct"Sexual conduct" means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual.Civ. Code § 1708.86(a)(15) from the penis directly onto the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4).
Subdivision (a) sets out the definitions governing the entire section. Key changes from the prior version include the expanded definition of digitized sexually explicit material — now covering any visual or audiovisual work, including still images, not just audiovisual works — and the new defined term deepfake pornography service, which anchors the facilitator liability provisions in subdivisions (b)(3) and (c). The consent definition requires a written, plain-language agreement with a three-business-day rescission window unless the depicted individual had at least 72 hours to review or their authorized representative approved the agreement.
(b)(1) 1 A depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) has a cause of action against a person who does any of the following: (1) Creates and intentionally disclosesDisclose"Disclose" means to publish, make available, or distribute to the public.Civ. Code § 1708.86(a)(8) digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) portraying the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4), and the person knows, or reasonably should know, that the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) in that material did not consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) to its creation or disclosure or was a minor when the material was created.
(b)(2) 2 Intentionally disclosesDisclose"Disclose" means to publish, make available, or distribute to the public.Civ. Code § 1708.86(a)(8) digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) portraying the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) that the person did not create, and the person knows, or reasonably should know, that the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) in that material did not consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) to the creation of the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) or was a minor when the material was created.
(b)(3) 3 Knowingly facilitates or recklessly aids or abets conduct prohibited by paragraph (1) or (2).
Subdivision (b) establishes the three causes of action available to depicted individuals. Paragraph (1) covers persons who both create and intentionally disclose digitized sexually explicit material without consent or depicting a minor. Paragraph (2) covers persons who intentionally disclose material they did not create, with the same knowledge requirements. Paragraph (3) — new in this amendment — extends liability to persons who knowingly facilitate or recklessly aid or abet either of those prohibited acts, reaching infrastructure providers and other enablers beyond the direct creators and distributors.
(c)(1) 4 For purposes of this section, both of the following apply: (1) A person that owns, operates, or controls a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) is engaged in the creation and intentional disclosure of digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) and shall be presumed to have known that the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) did not consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2) to the creation or disclosure of the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7), unless the person produces evidence of the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4)'s express written consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2).
(c)(2) 5 A person that provides a service that enables the ongoing operation of a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) shall be presumed to be in violation of paragraph (3) of subdivision (b) if both of the following are true: (A) (i) A depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) or public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14) provides the person with evidence sufficient to demonstrate that the person is providing services that enable the ongoing operation of a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) that engages in conduct that violates this section. (ii) Evidence described in clause (i) shall be submitted through a customer service email or other designated process provided by the person or entity if the customer service email or other designated process is prominently displayed on the person's or entity's internet website and shall contain all of the following information: (I) The name of the deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) that the person or entity is providing services to that enable its ongoing operation. (II) A general description of the services the person or entity is providing that enable the ongoing operation of the deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3). (III) Contact information of the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) or public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14) providing the evidence. This information shall be used by the person or entity only to seek additional information regarding the report that is necessary to take the steps required by subparagraph (B). (B) (i) Subject to clause (ii), the person fails to take all necessary steps to stop providing services that enable the ongoing operation of a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) within 30 days of receiving the evidence described in subparagraph (A). (ii) The 30-day time parameter in clause (i) may be extended by a court if the court finds that additional time is needed to conduct an ongoing law enforcement investigation or operation.
Subdivision (c) creates two rebuttable presumptions that significantly ease the plaintiff's burden. Paragraph (1) presumes that the owner, operator, or controller of a deepfake pornography service is engaged in creation and intentional disclosure, and that they knew the depicted individual did not consent — unless they produce evidence of express written consent. Paragraph (2) establishes a presumption of facilitation liability against infrastructure service providers who fail to stop enabling a deepfake pornography service within 30 days of receiving sufficient evidence, with a detailed notice submission process. Courts may extend the 30-day window for ongoing law enforcement investigations.
(d)(1)–(2) A person is not liable under this section in either of the following circumstances: (A) The person disclosesDisclose"Disclose" means to publish, make available, or distribute to the public.Civ. Code § 1708.86(a)(8) the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) in the course of any of the following: (i) Reporting unlawful activity. (ii) Exercising the person's law enforcement duties. (iii) Hearings, trials, or other legal proceedings. (B) The material is any of the following: (i) A matter of legitimate public concern. (ii) A work of political or newsworthy value or similar work. (iii) Commentary, criticism, or disclosure that is otherwise protected by the California Constitution or the United States Constitution. (2) For purposes of this subdivision, digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) is not of newsworthy value solely because the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) is a public figure.
(e)(1)–(2) It shall not be a defense to an action under this section that there is a disclaimer included in the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7) that communicates that the depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) did not participate in or authorize the creation or development of the material. (2) It shall not be a defense to an action under this section that a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) has a disclaimer or statement that states that users are prohibited from generating digitized sexually explicit material of a depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) without the individual's consentConsent"Consent" means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual's authorized representative provides written approval of the signed agreement.Civ. Code § 1708.86(a)(2).
Subdivision (d) establishes the statute's safe harbors and explicitly forecloses two affirmative defenses. The safe harbors exempt disclosures made in the course of reporting unlawful activity, exercising law enforcement duties, or legal proceedings, and exempt material that constitutes a matter of legitimate public concern, a work of political or newsworthy value, or constitutionally protected commentary. The statute clarifies that mere public-figure status does not make the material newsworthy. Subdivision (e) bars reliance on disclaimers — whether embedded in the material itself or posted by the deepfake pornography service — as a defense.
(f)(1)–(3) A prevailing plaintiff who is a depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) who suffers harm as a result of a violation of this section may recover any of the following: (A) An amount equal to the monetary gain made by the defendant from the creation and disclosure of the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7). (B) One of the following: (i) Economic and noneconomic damages proximately caused by the disclosure of the digitized sexually explicit materialDigitized sexually explicit material"Digitized sexually explicit material" means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.Civ. Code § 1708.86(a)(7), including damages for emotional distress. (ii) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, as follows: (I) A sum of not less than one thousand five hundred dollars ($1,500) but not more than fifty thousand dollars ($50,000). (II) If the unlawful act was committed with maliceMalice"Malice" means an intent to cause harm to the depicted individual or to engage in despicable conduct with a willful and knowing disregard of the rights of the depicted individual. A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences.Civ. Code § 1708.86(a)(10), the award of statutory damages may be increased to a maximum of two hundred fifty thousand dollars ($250,000). (C) Punitive damages. (D) Reasonable attorney's fees and costs. (E) Any other available relief, including injunctive relief. (2) A public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14) may bring a civil action to enforce this section. (A) In an action brought under this paragraph, the public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14) shall not be required to prove that a depicted individualDepicted individual"Depicted individual" means an individual who is portrayed in sexually explicit material.Civ. Code § 1708.86(a)(4) suffered actual harm. (B) A prevailing public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Civ. Code § 1708.86(a)(14) under this paragraph is entitled to all of the following: (i) Injunctive and other equitable relief. (ii) A civil penalty of twenty-five thousand dollars ($25,000) per violation. (iii) For a violation committed with maliceMalice"Malice" means an intent to cause harm to the depicted individual or to engage in despicable conduct with a willful and knowing disregard of the rights of the depicted individual. A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences.Civ. Code § 1708.86(a)(10), a civil penalty of fifty thousand dollars ($50,000) per violation. (iv) Reasonable attorney's fees. (v) Any other relief the court deems appropriate. (3) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
Subdivision (f) sets out the remedies available to prevailing depicted individuals and, new in this amendment, authorizes public prosecutors to bring civil enforcement actions. Private plaintiffs who suffer harm may recover the defendant's monetary gain, actual damages (economic and noneconomic including emotional distress) or statutory damages of $1,500–$50,000 per work ($250,000 for malicious violations), punitive damages, attorney's fees and costs, and injunctive relief. Public prosecutors need not prove actual harm and may recover injunctive relief, civil penalties of $25,000 per violation ($50,000 for malicious violations), attorney's fees, and any other appropriate relief. All remedies are cumulative.
(g) An action under this section shall be commenced no later than three years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.
(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions.
(i) This section does not apply to conduct that is protected by federal law, including Section 230 of Title 47 of the United States Code.
(j)(1)–(2) This section shall not be construed to require an internet service provider to engage in any activity that would violate Title 15 (commencing with Section 3100) of Part 4 of Division 3. An internet service provider shall not be held liable under this section for the mere transmission, routing, or provision of access to third-party content over its network. (2) As used in this subdivision, "internet service provider" has the same meaning as that term is defined in Section 3100.
The remaining subdivisions address procedural and structural provisions. Subdivision (g) sets a three-year statute of limitations running from discovery or reasonable-diligence discovery. Subdivision (h) is a standard severability clause. Subdivision (i) expressly exempts conduct protected by federal law, including Section 230 of Title 47 of the United States Code, which will be a significant limitation on the reach of the facilitator liability provisions in practice. Subdivision (j) provides a safe harbor for internet service providers engaged in mere transmission, routing, or provision of access to third-party content.
The Legislature finds and declares that the provisions of this act that clarify that a deepfake pornography serviceDeepfake pornography service"Deepfake pornography service" means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material.Civ. Code § 1708.86(a)(3) is subject to Section 1708.86 of the Civil Code are declaratory of existing law.
Section 2 contains a legislative finding that the provisions clarifying that deepfake pornography services are subject to § 1708.86 are declaratory of existing law — signaling the Legislature's intent that these provisions apply retroactively rather than solely prospectively.