California Revenge Porn Law Amended to Include Selfies

Senate Bill 1255 came into effect on January 1, 2015. The bill amended Section 647 of the Penal Code, which provided that a person who caused emotional distress by distributing an image of another identifiable person’s intimate body parts, where the parties understood the image was to remain private, was guilty of disorderly conduct – a misdemeanor. The amended provision provides that a person who causes emotional distress by intentionally distributing an image of another identifiable person’s intimate body parts, or an image of the person depicted engaging in sexual acts (i.e. a “selfie”), where the parties understood the image was to remain private, is guilty of disorderly conduct. As of July 1, 2015, a related assembly bill will add Section 1708.85 to the Civil Code, which creates a private right of action that permits an aggrieved party to bring a civil suit against the violator for harm related to invasion of privacy, as well as any other legal or equitable relief available, including an injunction. It also allows for recovery of costs and attorneys’ fees, and permits a plaintiff to proceed using a pseudonym rather than his or her true name.