Revenge Porn Laws in California (2026): Your Rights and What to Do
California passed one of the first revenge porn laws in the United States in 2013 and has amended it repeatedly since. Today the state gives you two separate routes: a criminal misdemeanor under Penal Code section 647(j)(4), and a civil claim under Civil Code section 1708.85 that can be brought under a pseudonym. A third route, Civil Code section 1708.86, covers deepfakes. Here is what each one actually requires.
California at a Glance
- Statute
- Disorderly conduct - distribution of intimate images — Cal. Penal Code § 647(j)(4) and (k)
- Criminal classification
- Misdemeanor
- Maximum penalty
- Up to 6 months in county jail and a $1,000 fine; up to 1 year and $2,000 for a repeat offense or where the victim is a minor
- Can you sue?
- Yes — Cal. Civ. Code § 1708.85 (and § 1708.86 for digitally altered material)
- Time limit to sue
- Generally two years from the distribution (Cal. Code Civ. Proc. § 335.1)
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in California?
Yes. Penal Code section 647(j)(4) makes it disorderly conduct to intentionally distribute an image of the intimate body parts of an identifiable person, or of that person engaged in sexual activity, where there was an understanding that the image would remain private, and where the distributor knew or should have known it would cause serious emotional distress and the person did suffer that distress.
The original 2013 version only applied to images the distributor had personally taken, which left selfies and self-recorded video unprotected. That gap was closed in 2014, so images you took yourself and sent in confidence are now squarely covered. Distribution includes posting, texting, emailing and uploading, and the person only needs to be identifiable - not necessarily by their face.
Penalties for Distributing Intimate Images in California
A first offense is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000. Where the defendant has a prior conviction under the same subdivision, or where the person depicted was a minor, the maximum rises to one year in jail and a $2,000 fine.
Courts frequently add probation conditions, no-contact orders and restitution. Where the images were used to extort money or further images, prosecutors can layer extortion charges under Penal Code section 518, which is a felony and carries far heavier exposure.
Can I Sue in California?
Yes. Civil Code section 1708.85 creates a private right of action for the distribution of intimate images, and it is generous by design. You can seek economic and non-economic damages, punitive damages, an injunction requiring removal, and attorney fees. Crucially, the statute expressly allows you to proceed using a pseudonym, so filing a claim does not mean publishing your name in a court record.
California also lets you seek a civil harassment restraining order under Code of Civil Procedure section 527.6, which can be obtained quickly and can prohibit further distribution while the main claim proceeds. Limitations periods are generally two years for personal injury claims, so act promptly.
Does California Law Cover Deepfakes and AI Images?
Yes. California provides both criminal and civil routes. Civil Code section 1708.86 has provided a civil claim for qualifying digitally altered sexually explicit material since 2019.
Effective January 1, 2025, SB 926 amended Penal Code section 647(j)(4) so the criminal provision also covers qualifying photorealistic or computer-generated intimate images that would cause a reasonable person to believe they are authentic. The repeat-offense and minor-victim penalty enhancement appears in section 647(k).
What to Do Right Now If Your Images Were Shared in California
- 1
Capture the Evidence First
Screenshot the post, the account, the full URL and any messages, with dates and times, and store copies somewhere the other person cannot access. Do not delete threads even if you want them gone.
- 2
Report to the Platform Under Its NCII Policy
Use the dedicated non-consensual intimate imagery form rather than a general report. Covered platforms must action valid TAKE IT DOWN Act requests within 48 hours. Save every reference number.
- 3
Hash Your Images with StopNCII.org
StopNCII fingerprints the image on your device and shares only the hash with participating platforms to block uploads and re-uploads. Nothing leaves your phone. You can do this before anything is ever posted.
- 4
Report to California Law Enforcement
File with your local police or sheriff and cite Penal Code 647(j)(4) directly. The California Attorney General's office and the California Victim Compensation Board can help if the local response stalls.
- 5
Speak to a Lawyer About 1708.85 and a Restraining Order
A civil claim can be filed pseudonymously and can recover damages plus a takedown injunction. A 527.6 harassment order can stop further distribution while the case runs.
Be Safer With a Written NDA as Evidence
Most of California's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementCalifornia: Frequently Asked Questions
Is revenge porn a felony in California?
Does it count if I took the photo myself?
Can I sue without my name becoming public?
What about someone who reposts an image they did not create?
Are sexual deepfakes of adults illegal in California?
Sources
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This page provides general information about California law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in California. Last reviewed August 2026.