AB 695: Internet impersonation: civil cause of action.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-26
Under existing criminal law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to specified provisions.
This bill would establish a private civil cause of action against any person who knowingly and without consent credibly impersonates another person through or on an Internet Web site or by other electronic means and intentionally induces another to believe the person is the impersonated person, if that other person suffers any general or special damages. The bill would also establish a private civil cause of action against any person who knowingly uses another persons likeness without that persons knowledge or consent, in furtherance of the aforementioned activity, if the person whose likeness was used has sustained general or special damages. The bill would authorize the court to award reasonable attorneys fees and court costs to the prevailing plaintiff.
Under existing criminal law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to specified provisions.
This bill would declare the intent of the Legislature to enact legislation that would establish a private cause of action against any person who knowingly and without consent impersonates another person through or on an Internet Web site.
Under existing criminal law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to specified provisions.
This bill would declare the intent of the Legislature to enact legislation that would establish a private cause of action against any person who knowingly and without consent impersonates another person through or on an Internet Web site.
(a)A private cause of action lies against any person who knowingly and without consent credibly impersonates another person through or on an Internet Web site or by other electronic means and intentionally induces another to believe the person is the impersonated person, if that other person suffers any general or special damages as described in Section 48a. For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(b)A private cause of action lies against any person who knowingly uses another persons likeness without that persons knowledge or consent, in furtherance of a violation of subdivision (a), if the person whose likeness was used has sustained general or special damages as described in Section 48a.
(c)The court may award reasonable attorneys fees and court costs to the prevailing plaintiff.
(d)For purposes of this section, electronic means shall include opening an email account or an account or profile on a social networking Internet Web site in another persons name.
SECTION 1.It is the intent of the Legislature to enact legislation that would establish a private cause of action against any person who knowingly and without consent impersonates another person through or on an Internet Web site.
It is the intent of the Legislature to enact legislation that would establish a private cause of action against any person who knowingly and without consent impersonates another person through or on an Internet Web site.
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Date
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Status
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|---|---|
| Feb 25, 2015 | Read first time. To print. |
| Feb 26, 2015 | From printer. May be heard in committee March 28. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on JUD. |
| Apr 6, 2015 | Re-referred to Com. on JUD. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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Bill Author
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