California 'Revenge Porn' Bill Introduced

SACRAMENTO — Legislation introduced in California on Tuesday would target "revenge porn" websites, punishing convicted operators with one-year jail sentences and imposing fines of $1,000.

SB 255, introduced by state Sen. Anthony Cannella, would amend Section 653.2 of  the Penal Code and make it a crime to "cause substantial emotional distress or humiliation" to others by distributing over the Internet nude images of them along with personal identifying information.

The bill is similar to ones recently introduced in Florida's Legislature, but both revenge porn bills died in the state Senate and House of Representatives on Friday.

Jeff Maceda, a spokesman for Cannella, told XBIZ on Thursday that California's SB 255 was modeled after the Florida proposal.

"But SB 255 would not make [revenge porn] a felony like in Florida," Maceda said. "It would treat the offense as a misdemeanor with one-year sentences and not a third-degree felony."

Maceda noted there was talk of making revenge porn a felony in California; however the current fiscal climate in the Legislature makes that a challenge.

"There is worry that there is overcrowding in our jail system, and the bill was designed as the best way to discourage revenge porn," he said.

Industry attorney Larry Walters told XBIZ that the same concerns that caused the Florida bill to fail should dictate a similar bill in California.

"While well-intentioned, it criminalizes a form of speech, and may create a situation where erotic content producers will have to pay twice for images or video that is already the subject of a valid model release, just to avoid liability under this new wave of legislation," Walters said Thursday. "With some reasoned input from the online service provider industry, a viable piece of legislation, imposing civil (as opposed to criminal) remedies could be created. 

"But instead, these state legislatures want to take a sledge hammer to solve a problem that requires scalpel precision."

Revenge porn is a recent phenomenon and online category where website operators post nude or erotic images of women or men without their consent.

Some revenge porn sites include actual email addresses, cellphone numbers, links to Facebook, Pinterest and LinkedIn profiles, and residential addresses displayed for all to see.

View California 'revenge porn' bill

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More