Last month, we discussed a California lawmaker’s intention to introduce legislation that would ban the practice of sending unsolicited nude photos. California Senator Ling Ling Chang (R-Diamond Bar) would like to make this disturbing trend illegal.

Sen. Chang recently introduced Senate Bill 798: The Preventing Indecent Content Sharing (PICS) Act, according to CBS Sacramento. The bill would outlaw “cyber flashing,” which is when someone sends unsolicited nude photos via the internet either by computer or smartphone.

CBS cites data collected by the Pew Research Center, which indicates that more than half of young women report being victims of cyber flashing.

The PICS Act

As we pointed out in our previous post, Sen. Chang reported that she had received unsolicited nude photos. So, SB 798 is personal for the lawmaker. The bill is modeled after a law in Texas, where punishment for the practice is a $500 fine. The PICS Act states:  

Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts, as defined, of that person without their consent, knowing that the other person had a reasonable expectation that the material would remain private, if specified conditions are met. Existing law also makes it a misdemeanor for a person, with intent to annoy, to make contact with another person by means of an electronic communication device and to address to or about the other person any obscene language or threat to inflict injury. 

This bill would state the intent of the Legislature to enact legislation, entitled the Preventing Indecent Content Sharing (PICS) Act, that would deter egregious forms of online harassment, including sending unsolicited lewd images. 

Please take a moment to watch a short video on the subject:

We will continue to follow this critical piece of legislation as it moves through the California Senate.

Orange County Attorney At Law

Attorney Ronald Brower has decades of experience in the California criminal justice system. He has worked on many high-profile cases over the years. Attorney Brower can assist you or a loved one and help to bring about a favorable outcome during this challenging time. Please contact The Law Office of Ronald G. Brower to learn more.