Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.

Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the person's consent if specified conditions are met. This bill would provide that a depicted individual, as defined, has a cause of action 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) who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. The bill would specify exceptions to those provisions, including if the material is a matter of legitimate public concern or a work of political or newsworthy value. The bill would authorize a prevailing plaintiff who suffers harm to seek injunctive relief and recover reasonable attorney's fees and costs as well as specified monetary damages, including statutory and punitive damages.