Revenge Porn Laws in California

California law makes revenge porn—including deepfakes—a crime. The state also permits victims to seek civil remedies, such as money damages and injunctive relief.

What Is Revenge Porn?

Revenge porn is a serious form of harassment that involves posting or distributing sexually explicit images of another without their permission. These crimes can involve the disgruntled ex who seeks revenge by posting or sharing intimate photos or videos of their former partner. But they can also be committed by stalkers, bad actors, or anyone who wants to make a point.

Initially, revenge porn crimes were difficult to prosecute because the victim may have consented to the original photo being taken, so it wasn't an "invasion of privacy" crime. Another factor complicating prosecutions involved the defendant's intent. Defendants might not have intended to harass the victim, only to embarrass them or get even. This meant that harassment charges couldn't be brought.

State legislatures—including California's—responded to these situations by creating the crime of revenge porn or "nonconsensual dissemination of intimate images" (NDII). These laws applied to nonconsensual sharing or posting private intimate images when the defendant knew the image was meant to remain private and sharing them would cause distress or harm to the victim. Even more recently, California and many states have expanded these prohibitions to include nonconsensual posting of deepfake sexual images.

Understanding California's Revenge Porn Crimes

California's revenge porn or NDII laws fall under the crime of disorderly conduct. It applies to the nonconsensual distribution of intimate images of an actual person, as well as digitally created or altered images.

Essentially two crimes exist, and the elements of these crimes slightly differ based on the type of image (actual vs. deepfake). Both have the same definition of "intimate images," which includes photos or videos showing "intimate body parts" or "sexual conduct." Intimate body parts are any visible portions of the genitals, anus, or female breast below the top of the areola, whether uncovered or clearly visible through clothing. Sexual conduct refers to sexual intercourse, oral and anal sex, and masturbation.

What Is Illegal Under California's Revenge Porn Crimes?

California's revenge porn crimes differ based on the type of image involved. For both offenses, prosecutors must prove that the person depicted in the image suffered serious emotional distress. Prosecutors can also file charges for either crime even if the defendant didn't personally distribute the images but rather had another person do it.

Nonconsensual Distribution of Actual Intimate Images

Prosecutors can file charges for NDII if a defendant intentionally distributed intimate images of an identifiable person and knew (or should have known) that it would cause serious emotional distress to the depicted person, plus any of the following are true:

• the parties had agreed or had an understanding that the image would remain private
• the defendant recorded or captured the image without authorization and under circumstances where a reasonable expectation of privacy existed, or
• the defendant obtained the image without authorization from the depicted person's accounts, files, phone, computer, or property.

California's law covers situations not only where the victim originally consented to the taking of the image, but also where the defendant obtained the images in unlawful ways—such as by making secret recordings or downloading images off the person's phone without permission. (These scenarios could lead to additional criminal charges.)

(Cal. Penal Code § 647(j)(4)(A)(i) (2025).)

Nonconsensual Distribution of Deepfake Intimate Images

When it comes to deepfake images, it's a crime to distribute, without consent, realistic intimate images of an identifiable person created or altered digitally or by computer or AI to appear authentic to a reasonable person.

For a conviction, the prosecutor must show that the defendant intentionally created and distributed the image or caused its distribution and knew (or should have known) that it would cause serious emotional distress to the depicted person. The law limits prosecutions to adult defendants.

(Cal. Penal Code § 647(j)(4)(A)(ii) (2025).)

What Are the Criminal Penalties for Revenge Porn (Including Deepfakes) in California?

Most revenge porn crimes carry misdemeanor penalties. However, felony penalties are possible if the depicted person was a minor and the defendant has prior convictions. These penalties apply to actual and deepfake intimate images.

A first-time violation carries misdemeanor penalties of up to 6 months of jail time and a $1,000 fine, unless the victim was a minor (younger than 18). Crimes committed against minors, as well as repeat violations, are higher-level misdemeanors with a possible punishment of 364 days of jail time and a $2,000 fine. If both are true—the victim was a minor and it's a repeat offense—the defendant faces the possibility of felony charges.

When a defendant possesses intimate images of a minor, prosecutors could also bring child pornography and sexual exploitation charges for possession or distribution.

(Cal. Penal Code §§ 19, 647, 1170 (2025).)

Can California Victims of Revenge Porn Sue for Civil Damages?

Yes. California law permits victims of revenge porn to sue a defendant for money damages and injunctive relief. A victim (here the plaintiff) can seek damages for loss of reputation, shame, mortification, and hurt feelings. Plaintiffs can also ask for injunctive relief to stop the distribution of the images and have images taken down.

In a civil case, the plaintiff needs to prove their case by a preponderance of the evidence (a more-likely-than-not standard), which is a much easier burden than that in a criminal case. Prosecutors in criminal cases need to prove every element beyond a reasonable doubt (a near-certainty standard).

(Cal. Civil Code §§ 1708.85, 1708.86 (2025).)

Getting Legal Help

If you're charged with a crime tied to revenge porn, talk to a criminal defense attorney or public defender. An attorney can tell you how your case is likely to be treated and what you can do to protect your rights and obtain the best possible outcome.

If you are a victim of revenge porn, you can report the offense to the police. You may also wish to talk to a civil attorney who can help you get the photos removed from the internet and possibly take other legal action. The Cyber Civil Rights Legal Project provides some victims of nonconsensual pornography with pro bono representation. California's Attorney General also has a webpage devoted to cyber exploitation.