AB 868

This bill establishes a penalty for knowingly sending an unsolicited obscene or

sexually explicit image by electronic means, specifically any image depicting a

person engaging in an act of sexual intercourse or masturbation or depicting the

exposed genitals or anus of any person. Under the bill, a person who violates this

prohibition is subject to a forfeiture not to exceed $250 for a first violation, and a

forfeiture not to exceed $500 for any subsequent violation. If the person is under 18

years of age, however, the person is subject to a written warning for a first violation,

and for any subsequent violation before the person is 18 years of age, a forfeiture not

to exceed $250.

The bill also establishes a private cause of action against a person who

knowingly sends by electronic means an image depicting a person engaging in an act

of sexual intercourse or masturbation or depicting the exposed genitals or anus of

any person that the person who sends the image knows or reasonably should know

is unsolicited.

Neither the prohibition resulting in a forfeiture nor the private civil action

established under the bill applies to 1) an Internet service provider, mobile data

provider, or operator of an online or mobile application, to the extent that the entity

is transmitting, routing, or providing connections for electronic communications

initiated by or at the direction of another person; 2) any service that transmits

images or audiovisual works, including an on-demand, subscription, or

advertising-supported service; or 3) a health care provider transmitting an image

for a legitimate medical purpose.