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)–(c) The Legislature finds and declares all of the following: (a) Adult victims of human trafficking under Section 236.1 of the Penal Code often suffer persistent harm from nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) distributed online as part of or resulting from their exploitation. (b) Federal law under the TAKE IT DOWN Act requires covered online platforms to remove nonconsensual intimate visual depictions within 48 hours of valid notice, but victims frequently need assistance navigating these processes. (c) The Department of Justice, the California Victim Compensation Board, and other state entities already support human trafficking survivors, but no dedicated mechanism exists for coordinated image removal assistance.
Section 1 sets forth legislative findings establishing the context for the bill. It identifies the persistent harm from nonconsensual intimate images suffered by human trafficking victims, references the federal TAKE IT DOWN Act's 48-hour removal requirement, and notes the absence of a dedicated state-level mechanism for coordinated image removal assistance despite existing support infrastructure for trafficking survivors.
(a) As used in this section, the following terms have the following meanings: (1) "Coercive production practicesCoercive production practices"Coercive production practices" includes the use of pressure, threats, deception, or manipulation to force individuals to create, share, or permit the use of imagery against their will.Civ. Code § 1708.87(a)(1)" includes the use of pressure, threats, deception, or manipulation to force individuals to create, share, or permit the use of imagery against their will. (2) "Covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2)" means an online service that makes content publicly available. (3) "DepartmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3)" means the Department of Justice. (4) "IdentifierIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4)" means a method capable of uniquely identifying a nonconsensual intimate imageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods. (5) "Large covered platformLarge covered platform"Large covered platform" means a covered platform with 30,000,000 or more users.Civ. Code § 1708.87(a)(5)" means a covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2) with 30,000,000 or more users. (6) "Nonconsensual intimate imageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6)" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practicesCoercive production practices"Coercive production practices" includes the use of pressure, threats, deception, or manipulation to force individuals to create, share, or permit the use of imagery against their will.Civ. Code § 1708.87(a)(1). (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult. (7) "Small covered platformSmall covered platform"Small covered platform" means a covered platform with less than 30,000,000 users.Civ. Code § 1708.87(a)(7)" means a covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2) with less than 30,000,000 users.
(b) The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) shall establish and maintain the Nonconsensual Intimate ImageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) from covered platformsCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2). The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) shall do all of the following: (1) Maintain a secure internet portal to receive requests for the removal of nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6). The request shall be secured using hashing or other data security techniques. The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) may temporarily possess submitted information for the purpose of verification and identifierIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4) generation. The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) shall not host, possess, or store nonconsensual intimate imageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) content for any other purpose. The portal shall provide information on the verification and removal process and the status of a previous request. (2) Verify the identify of the requesting individual. (3) Verify that the images are nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6). (4) Transmit verified identifiers of images and associated metadata to covered platformsCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2). The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) may work with nonprofit entities for the purposes of this paragraph. (5) Maintain a secure database of verified identifiersIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4) associated with verified nonconsensual images, but not the images. (6) Maintain strict privacy and data security.
(c)(1)–(2) 1 A covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2) shall do all of the following: (1) Accept verified notifications from the departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) and in the manner determined by the departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3). (2) Search for matching identifiers of images within their systems.
(c)(3) 2 Remove verified matches within 48 hours of receipt.
(c)(4) 3 Prevent images with identical identifiersIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4) from being uploaded after removal.
(d) A covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2) that receives a verified identifierIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4) from the departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) pursuant to this section has received formal notice that the associated imagery has been verified as nonconsensual. A covered platformCovered platform"Covered platform" means an online service that makes content publicly available.Civ. Code § 1708.87(a)(2) that acts to remove content in good faith reliance on verification made by the departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) is not otherwise liable.
(e)(1)–(5) A small covered platformSmall covered platform"Small covered platform" means a covered platform with less than 30,000,000 users.Civ. Code § 1708.87(a)(7) that violates this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) per violation. If the violation is determined to be intentional, it is subject to a civil penalty of seven thousand five hundred dollars ($7,500) per violation. (2) A large covered platformLarge covered platform"Large covered platform" means a covered platform with 30,000,000 or more users.Civ. Code § 1708.87(a)(5) that violates this section is subject to a civil penalty of up to fifty thousand dollars ($50,000) per violation. If the violation is determined to be malicious or knowing, it is subject to a civil penalty of up to two hundred fifty thousand dollars ($250,000) per violation. (3) Each failure to remove a verified nonconsensual intimate imageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) constitutes a separate violation of this section. (4) This section does not create a private right of action. The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3) shall enforce this section. (5) Civil penalties imposed pursuant to this section shall be deposited in the Nonconsensual Intimate ImagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) Fund, which is hereby established within the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to support ongoing operations of the Nonconsensual Intimate ImageNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) Clearinghouse.
(f) The departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3)'s verification process and any records therefrom, including verified identifiersIdentifier"Identifier" means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.Civ. Code § 1708.87(a)(4) generated by the clearinghouse, may be used in a proceeding, subject to the Evidence Code and local rules.
(g) This section shall become operative on January 1, 2029.
Section 1708.87 is the bill's operative core. It establishes the Nonconsensual Intimate Image Clearinghouse within the Department of Justice, defines key terms — including a broad definition of nonconsensual intimate image that encompasses AI-generated imagery — and imposes affirmative obligations on covered platforms to accept verified identifiers, search for matches, remove matches within 48 hours, and prevent re-upload.
The section creates a tiered penalty structure based on platform size (30 million user threshold) and intent. Small platforms face $2,500 per violation ($7,500 if intentional); large platforms face up to $50,000 per violation ($250,000 if malicious or knowing). Each unremoved image is a separate violation. The bill expressly precludes private enforcement — the Department of Justice is the sole enforcer. A good-faith reliance safe harbor protects platforms that remove content based on DOJ verification.
(a) 4 A peace officer investigating a violation of paragraph (4) of subdivision (j) of Section 647 shall inform the victim that they can report the presence of nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) found on the internet to the Department of Justice pursuant to Section 1708.87 of the Civil Code.
(b) 5 A peace officer who is able to verify that a violation of paragraph (4) of subdivision (j) of Section 647 involves nonconsensual intimate imagesNonconsensual intimate image"Nonconsensual intimate image" includes all of the following: (A) An authentic intimate image distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices. (B) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. (C) An image created when the depicted person was a minor, if the individual is now an adult.Civ. Code § 1708.87(a)(6) on the internet, as defined in Section 1708.87 of the Civil Code, shall provide that information to the Department of Justice, in a manner determined by the departmentDepartment"Department" means the Department of Justice.Civ. Code § 1708.87(a)(3).
(c) This section shall become operative on January 1, 2029.
Section 647.05 imposes two duties on peace officers investigating violations of Penal Code § 647(j)(4) (disorderly conduct involving intimate images). First, officers must inform victims that they can report nonconsensual intimate images found online to the DOJ clearinghouse. Second, officers who verify that the offense involves NCII on the internet must provide that information to the Department of Justice. These duties create a law enforcement intake pathway that feeds the clearinghouse established by Civil Code § 1708.87.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Section 4 is a standard state-mandated local program reimbursement provision. If the Commission on State Mandates determines the act contains costs mandated by the state, reimbursement to local agencies and school districts shall be made pursuant to existing statutory procedures. This creates no independent compliance obligation.