Privacy Law Library

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.