Nonconsensual distribution of intimate images and sexually explicit deepfakes (civil actions)
Civ. Code 1708.85-1708.86
Other · Artificial intelligence
Gives victims a civil claim against people who share their intimate images without consent (revenge porn) and against those who create or distribute sexually explicit AI or digitally altered depictions of them without consent. Plaintiffs may proceed under a pseudonym.
- Where
- California
- Citation
- Cal. Civ. Code 1708.85, 1708.86
- Status
- In force
- In force since
- 2015-01-01
- Last amended
- 2026-01-01
- Enforced by
- Private plaintiffs (courts)
- People can sue
- Yes
- Penalties
- Damages, injunctions, and attorney's fees; 1708.86 provides statutory damages (amounts increased by AB 621, 2025).
- Applies to
- Any person who intentionally distributes private intimate images without consent (1708.85)
- Persons who create or knowingly disclose sexually explicit digitized depictions of an individual without consent, and, after AB 621 (2025), services that knowingly facilitate them (1708.86)
Practices it requires
- Do not intentionally distribute another person's intimate images without consent where they had a reasonable expectation the images would stay private.Cal. Civ. Code 1708.85(a)
- Do not create or intentionally disclose sexually explicit digitized depictions of a person without their consent.Cal. Civ. Code 1708.86
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: 1708.86 statutory damage amounts and AB 621's facilitator liability not read; 1708.85 effective date (Jan. 1, 2015, AB 2643) from background knowledge. | AB 621 (Stats. 2025, Ch. 673) effective date presumed Jan. 1, 2026.
Research reference, not legal advice.