SB 646: Civil law: personal rights: online sex trafficking: sexual photographs.

Existing law grants a cause of action to a depicted individual, as defined, against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.

Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor.

This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified.The specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant.

The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed.

The bill would state that its provisions are severable.