California Civil Code § 1708.86

(a) For purposes of this section: (1) “Authorized representative” means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented. (2) (A) “Consent” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. (B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual’s authorized representative provides written approval of the signed agreement. (3) “Deepfake pornography service” means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material. (4) “Depicted individual” means an individual who is portrayed in sexually explicit material. (5) “Despicable conduct” means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person. (6) “Digitization” means a process by which any of the following are realistically depicted: (A) The nude body parts of another human being as the nude body parts of the depicted individual. (B) Computer-generated nude body parts as the nude body parts of the depicted individual. (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage. (7) “Digitized sexually explicit material” means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct. (8) “Disclose” means to publish, make available, or distribute to the public. (9) “Individual” means a natural person. (10) (A) “Malice” means an intent to cause harm to the depicted individual or to engage in despicable conduct with a willful and knowing disregard of the rights of the depicted individual. (B) A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences. (11) “Nude” means visible genitals, pubic area, anus, or a female’s postpubescent nipple or areola. (12) “Person” means a natural person or legal entity. (13) “Plaintiff” includes cross-plaintiff. (14) “Public prosecutor” means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor. (15) “Sexual conduct” means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual. (b) A depicted individual has a cause of action against a person who does any of the following: (1) Creates and intentionally discloses digitized sexually explicit material portraying the depicted individual, and the person knows, or reasonably should know, that the depicted individual in that material did not consent to its creation or disclosure or was a minor when the material was created. (2) Intentionally discloses digitized sexually explicit material portraying the depicted individual that the person did not create, and the person knows, or reasonably should know, that

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