Unwanted Obscene Images

California Civil Code §1708.88 allows a person to sue an adult if the adult knowingly sends an unsolicited obscene image or video to someone by electronic means.

Key Definitions

• Image: Any visual content, including photos and moving videos.
• Obscene material: Content showing sexual acts or exposed genitals/anus that, taken as a whole:
  • Appeals mainly to sexual interest (by statewide standards),
  • Depicts sexual conduct in a clearly offensive way, and
  • Lacks serious literary, artistic, political, or scientific value.
• Unsolicited: The recipient did not consent to receive it or expressly told the sender not to send it.

What a Victim Can Recover

• If harmed by receiving the image: economic and noneconomic damages (including emotional distress).
• If the victim had expressly forbidden such images:
  • Either actual damages (including emotional distress), or
  • Statutory damages between $1,500 and $30,000 (victim’s choice, requested any time before final judgment), and
  • Punitive damages (to punish the sender).
• Attorney’s fees and costs may be recovered.
• Injunctive relief (a court order to stop further sending) may be granted.

Note: These remedies are in addition to any other remedies available under other laws.