California 2019-2020 Regular Session Status: In Committee 6 D cosponsors

SB 1182 — Unsolicited images.

Last action — Referral to Com. on PUB. S. rescinded due to the shortened 2020 Legislative Calendar.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law makes it a crime for a person to willfully and lewdly expose their private parts in a public place where there are other persons are present who may be offended or annoyed. This bill would make it a crime for a person to knowingly send an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would make the crime punishable as an infraction by a fine of $500 for a first offense and $1,000 for a 2nd or subsequent offense. By creating a new crime, this bill would impose a state-mandated local crime. (2) Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person who knowingly sends an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief. 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. Referral to Com. on PUB. S. rescinded due to the shortened 2020 Legislative Calendar.

  2. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  3. Referred to Coms. on JUD. and PUB. S.

  4. From printer. May be acted upon on or after March 22.

  5. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 113 not signed on

Sponsors (1)

  • Leyva

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1182 do?
(1) Existing law makes it a crime for a person to willfully and lewdly expose their private parts in a public place where there are other persons are present who may be offended or annoyed. This bill would make it a crime for a person to knowingly send an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would make the crime punishable as an infraction by a fine of $500 for a first offense and $1,000 for a 2nd or subsequent offense. By creating a new crime, this bill would impose a state-mandated local crime. (2) Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person who knowingly sends an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief. 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 SB 1182?
SB 1182 is sponsored by Leyva, Chang, Aguiar-Curry, Cecilia M. (Democratic), Limón, Monique (Democratic), Petrie-Norris, Cottie (Democratic), Gonzalez, Lena A. (Democratic), Rubio, Susan (Democratic), and Luz Rivas.
What is the current status of SB 1182?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 SB 1182?
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Last checked for changes 3 months ago · updated continuously

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