Privacy.

Existing law provides that a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, or knowingly trespasses or commits assault with the intent to capture, as specified, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified. The person who commits the act is liable for up to 3 times the amount of general and special damages, and may be liable for punitive damages. However, the sale, transmission, publication, broadcast, or use of any image or recording of the type, or under the circumstances, described does not itself constitute a violation of that provision. This bill would create an exception to the latter provision regarding the first sale, offer for sale, transmission, publication, broadcast, or other use of any visual image, sound recording, or other physical impression, if the person sold, transmitted, published, broadcast, or used any image or recording of the type described in the provision above with actual knowledge, as defined, that the images or recordings were obtained in violation of specified provisions and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. The bill would specify that those provisions apply only to a visual image, sound recording, or other physical impression that is captured or taken in California after January 1, 2010. The bill would also make technical changes. The bill would provide that a person who violates the provisions described above, or who directs, solicits, actually induces, or actually causes another person to violate any of those provisions would be subject to a civil fine of not less than $5,000 and not more than $50,000. The bill would authorize a county counsel or a city attorney to recover those civil fines, as specified. The bill would specify the allocation of the fines collected pursuant to the foregoing provision, including 12 to the prosecuting agency. The bill would also establish the Arts and Entertainment Fund in the State Treasury for the deposit of 12 of the fines, for expenditure by the California Arts Council, upon appropriation by the Legislature, as specified.