Calif. Senate Panel Moves 'Revenge Porn' Bill Forward

SACRAMENTO — A California Senate panel today, 7-0, moved forward a newly introduced piece of legislation that targets "revenge porn" websites.

The bill now moves along to the state Senate Appropriations Committee.

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 measure would punish convicted operators with one-year jail sentences and imposing fines of $1,000.

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.

At today's hearing, two witnesses gave testimony for and against the bill — Dr. Charlotte Laws and the ACLU's Francisco Lobaco.

Laws, an author, private investigator and former Los Angeles politician, urged the panel to give the measure an affirmative vote.

Laws last year contacted the FBI over IsAnyoneUp.com, which allegedly posted photos of her daughter, Kayla Laws, a 25-year-old aspiring actress, whose nude photos ended up on the site. Kayla Laws claims her computer was hacked.

"It was a very traumatic experience for her, she curled up in a fetal position, and refused to leave her room," Charlotte Laws said.

Laws said that revenge porn operators are numb to civil litigation and that new legislation is needed in this "new era."

"Civil remedies don't work," she said. "Lawsuits are expensive for plaintiffs and website operators have no assets. Oftentimes they don't even show up in court when summoned — but they are afraid of law enforcement."

"Free speech is about public matters, nude and sexually explicit pictures of ordinary people are different. It is a private matter."

But Lobaca, the ACLU's legislative director for Northern California, said there are a number of constitutional deficiencies with the bill.

"Suffice it to say the posting of lawful even offensive speech is constitutionally protected, unless the speech violates an existing criminal law," Lobaca said. "The fact that it could be emotionally disturbing is protected by the Constitution."

Voting for SB 255 were Sens. Loni Hancock, Joel Anderson, Kevin de Leon, Steve Knight, Carol Liu and Darrell Steinberg.

View SB 255

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

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

APClips Names Avery Jane 'Creator of the Month'

APClips has named Avery Jane its Creator of the Month for March.

JustFor.fans Offers Gumroad Users Platform to Sell NSFW Artwork

JustFor.fans (JFF) is offering Gumroad users a platform to sell NSFW artwork after the latter banned adult content.

Show More