California 2023-2024 Regular Session Status: Passed Assembly 1 R cosponsors

AB 1856 — Disorderly conduct: distribution of intimate images.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed 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. This bill would make it a crime for a person who is 18 years of age or older to intentionally create and distribute a deepfake of an intimate body part or parts of another identifiable person, or a deepfake of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or a deepfake of masturbation by the person depicted or in which the person depicted participates, if the person creating and distributing the deepfake knows or should know that the person depicted did not consent to the distribution and that the distribution of the deepfake will cause serious emotional distress, and the person depicted suffers that distress. The bill would define a deepfake as any audio or visual media, including, but not limited to, any image, motion picture film, or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 25).

  5. Referred to Com. on PUB S.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 0. Page 5559.)

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 16).

  11. Assembly Rule 63 suspended.

  12. In committee: Set, first hearing. Referred to APPR. suspense file.

  13. Re-referred to Com. on APPR.

  14. Read second time and amended.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 23).

  16. Re-referred to Com. on P. & C.P. pursuant to Assembly Rule 96.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 16). Re-referred to Com. on APPR.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee February 18.

  23. Read first time. To print.

Sponsors

  • Tri Ta · Primary
  • Low · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Low

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 1856 Ta Assembly Third Reading

Passed 62 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Democratic 38009
Republican 10003
Unaffiliated 14006
Total 620018
% of votes cast 78%0%0%23%
How each member voted (80)
Member Party Vote
Essayli — Not Voting
Holden — Not Voting
Jones-Sawyer — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Not Voting
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Not Voting
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 8001
Unaffiliated 2001
Republican 0003
Total 10005
% of votes cast 67%0%0%33%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6002
Republican 3000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Bauer-Kahan, Rebecca Democratic Not Voting
Bryan, Isaac G. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Dixon, Diane Republican Yea
Hoover, Josh Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 4000
Unaffiliated 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does AB 1856 do?
Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed 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. This bill would make it a crime for a person who is 18 years of age or older to intentionally create and distribute a deepfake of an intimate body part or parts of another identifiable person, or a deepfake of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or a deepfake of masturbation by the person depicted or in which the person depicted participates, if the person creating and distributing the deepfake knows or should know that the person depicted did not consent to the distribution and that the distribution of the deepfake will cause serious emotional distress, and the person depicted suffers that distress. The bill would define a deepfake as any audio or visual media, including, but not limited to, any image, motion picture film, or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1856?
AB 1856 is sponsored by Ta, Tri (Republican) and Low.
What is the current status of AB 1856?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1856?
Track AB 1856 free on One Click Politics — get push/email alerts when it moves.

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