SB 1217

SB1217:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1217

An act to add Section 1708.87 to the Civil Code, and to add Section 647.05 to the Penal Code, relating to the internet.

LEGISLATIVE COUNSEL'S DIGEST

SB 1217, as amended, Grove. Nonconsensual Intimate Image Clearinghouse.

Existing law requires the Attorney General to establish and maintain various databases and information centers relating to the identification, apprehension, and prevention of crimes, including the Violent Crime Information Center and the Automated Firearms System, among others. Existing law requires a business that controls the collection of a consumer’s personal information to delete that information upon the request of the consumer and provides for administrative penalties if the business fails to act on the consumer’s request.

This bill would, beginning January 1, 2029, require the Department of Justice to establish the Nonconsensual Intimate Image Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate images from covered platforms. The bill would define nonconsensual intimate images to include an authentic intimate image depicting a person nude or engaging in sexual conduct distributed without consent, consent or an image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent, or an image created when the depicted person was a minor, if the individual is now an adult. consent. The bill would require the department to transmit verified identifiers of images to covered platforms and require those platforms to remove verified matches within 48 hours of receipt and to prevent the images from being uploaded again. The bill would require the department to enforce these provisions and would impose civil penalties for violations. The bill would require a peace officer in the investigation of a specified offense to advise a victim that they may make a request to the clearinghouse pursuant to these provisions and would require a peace officer to provide certain information to the clearinghouse, as specified.

By increasing duties for peace officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Adult victims of human trafficking under Section 236.1 of the Penal Code often suffer persistent harm from nonconsensual intimate images distributed online as part of or resulting from their exploitation.

(b) Federal law under the TAKE IT DOWN Act requires covered online platforms to remove nonconsensual intimate visual depictions within 48 hours of valid notice, but victims frequently need assistance navigating these processes.

(c) The Department of Justice, the California Victim Compensation Board, and other state entities already support human trafficking survivors, but no dedicated mechanism exists for coordinated image removal assistance.

SEC. 2.

Section 1708.87 is added to the Civil Code, to read:

1708.87.

(a) As used in this section, the following terms have the following meanings:

(1) “Coercive production practices” includes the use of pressure, threats, deception, or manipulation to force individuals to create, share, or permit the use of imagery against their will.

(2) “Covered platform” means an online service that makes user-generated content publicly available. Covered platform does not include a provider of broadband Internet access service, as defined in Section 3100.

(3) “Department” means the Department of Justice.

(4) “Identifier” means a method capable of uniquely identifying a nonconsensual intimate image and preventing its reupload and may include, but is not limited to, cryptographic hash values, perceptual hashes, or other digital fingerprinting methods.

(5) “Large covered platform” means a covered platform with 30,000,000 or more users.

(6) (A) “Nonconsensual intimate image” includes all of the following:

(A)

(i) An authentic intimate image depicting a person nude or engaged in sexual conduct distributed without consent, including when an image is connected to human trafficking, fraud, sexual exploitation, or coercive production practices.

(B)

(ii) An image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent.

(C)An image created when the depicted person was a minor, if the individual is now an adult.

(B) “Nonconsensual intimate image” does not include images of minors.(7) “Nude” has the same meaning as defined in Section 1708.86.(8) “Sexual conduct” has the same meaning as defined in Section 1708.86.

(7)

(9) “Small covered platform” means a covered platform with less than 30,000,000 users.

(b) The department shall establish and maintain the Nonconsensual Intimate Image Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate images from covered platforms. The department shall do all of the following:

(1) Maintain a secure internet portal to receive requests for the removal of nonconsensual intimate images. The request shall be secured using hashing or other data security techniques. The department may temporarily possess submitted information for the purpose of verification and identifier generation. The department shall not host, possess, or store nonconsensual intimate image content for any other purpose. The portal shall provide information on the verification and removal process and the status of a previous request.

(2) Verify the identify of the requesting individual.

(3) Verify that the images are nonconsensual intimate images.

(4) Transmit verified identifiers of images and associated metadata to covered platforms. The department may work with nonprofit entities for the purposes of this paragraph.

(5) Maintain a secure database of verified identifiers associated with verified nonconsensual images, but not the images.

(6) Maintain strict privacy and data security.

(c) A covered platform shall do all of the following:

(1) Accept verified notifications from the department and in the manner determined by the department.

(2) Search for matching identifiers of images within their systems.

(3) Remove verified matches within 48 hours of receipt.

(4) Prevent images with identical identifiers from being uploaded after removal.

(d) A covered platform that receives a verified identifier from the department pursuant to this section has received formal notice that the associated imagery has been verified as nonconsensual. A covered platform that acts to remove content in good faith reliance on verification made by the department is not otherwise liable.

(e) (1) A small covered platform that violates this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) per violation. If the violation is determined to be intentional, it is subject to a civil penalty of seven thousand five hundred dollars ($7,500) per violation.

(2) A large covered platform that violates this section is subject to a civil penalty of up to fifty thousand dollars ($50,000) per violation. If the violation is determined to be malicious or knowing, it is subject to a civil penalty of up to two hundred fifty thousand dollars ($250,000) per violation.

(3) Each failure to remove a verified nonconsensual intimate image constitutes a separate violation of this section.

(4) This section does not create a private right of action. The department shall enforce this section.

(5) Civil penalties imposed pursuant to this section shall be deposited in the Nonconsensual Intimate Images Fund, which is hereby established within the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to support ongoing operations of the Nonconsensual Intimate Image Clearinghouse.

(f) The department’s verification process and any records therefrom, including verified identifiers generated by the clearinghouse, may be used in a proceeding, subject to the Evidence Code and local rules.

(g) This section shall become operative on January 1, 2029.

SEC. 3.

Section 647.05 is added to the Penal Code, to read:

647.05.

(a) A peace officer investigating a violation of paragraph (4) of subdivision (j) of Section 647 shall inform the victim that they can report the presence of nonconsensual intimate images found on the internet to the Department of Justice pursuant to Section 1708.87 of the Civil Code.

(b) A peace officer who is able to verify possesses knowledge that a violation of paragraph (4) of subdivision (j) of Section 647 involves nonconsensual intimate images on the internet, as defined in Section 1708.87 of the Civil Code, shall provide that information to the Department of Justice, in a manner determined by the department.

(c) This section shall become operative on January 1, 2029.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.