It is Illegal in California to Post Nude Pictures of Someone Without Their Permission.
In California, it is both a crime and a civil tort to post nude pictures of someone online without their permission. If you have been a victim, you should immediately reach out to an attorney to discuss your rights and best next steps. Attorneys at Broderick & Saleen and experienced in internet and privacy violation cases, and can help you get the illicit pictures or video off the internet, and also get compensation against the perpetrator that violated your rights.
The California Penal Code that makes it a crime to post someone’s intimate pictures without their permission is detailed below.
California Penal Code Section 647(4) (A)
A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
(B) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.