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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

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

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More