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

Aylo Challenges EU's DSA Mandate to Reveal Legal Names of Advertisers, Including Performers

Aylo has filed an appeal with the Court of Justice of the European Union (CJEU) challenging the EU's Digital Services Act mandate to disclose the legal names of advertisers, including performers, in a publicly accessible database.

Irish Senate Endorses Age Verification Proposal Based on Anti-Porn US State Laws

The Senate of the Republic of Ireland — known by its Gaelic name Seanad Éireann — has endorsed an age verification bill introduced by a senator who said he was inspired by the U.S. state laws promoted by religious conservative anti-porn crusaders.

Meta Admits to Updating Database of Banned Images Based on 'Media Reports'

Meta has told its Oversight Board that the company relies on “media reports” when deciding to add images to its permanent database of banned content for its platforms, including Instagram and Facebook.

MintStars Launches Tipping Solution MintPay

MintStars has unveiled payment processing solution MintPay, aiming to make tipping creators easier for fans.

Popular Pakistani Actor and Director Yasir Hussain Proposes Legalizing Porn

Prominent Pakistani actor, director and TV personality Yasir Hussain has sparked debate in the majority-Muslim country by suggesting that pornography should be legalized there and that society should own up to so many Pakistanis already being habitual consumers.

AEBN Publishes Popular Searches for May and June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Senior Labour MP Launches Attack on All Porn, Sex Work

A senior Labour MP on Tuesday launched an attack against adult websites, saying they are “characterized by lawlessness,” and called for further criminalization of all sex work.

Conservative Taxpayers Group Criticizes KOSA's Overreach

Conservative newspaper The Washington Times on Tuesday published an opinion piece by the executive director of the Taxpayers Protection Alliance, criticizing the Kids Online Safety Act (KOSA) on constitutional grounds.

Los Angeles-Area Man Pleads Guilty to Wire Fraud Over Bogus Adult Sites

A Los Angeles-area man pleaded guilty on Monday to defrauding investors out of more than $1 million “by making false promises that they would receive an ownership interest in several adult entertainment webcam websites and then using their money on personal expenses, including luxury items,” according to the Department of Justice.

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

Show More