California § 52.8. 52.8. (Added by Stats. 2022, Ch. 26, Sec. 1.)

California Statutes

§ 52.8. — 52.8. (Added by Stats. 2022, Ch. 26, Sec. 1.)

California § 52.8.

Code CIVCivil Code - CIV

Div. 1.DIVISION 1. PERSONS

Part 2.PART 2. PERSONAL RIGHTS

This text of California § 52.8. (52.8. (Added by Stats. 2022, Ch. 26, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Civil Code - CIV Code § 52.8. (2026).

Text

(a)In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, including through electronic distribution, a prevailing plaintiff shall be awarded attorney’s fees and costs.

(b)For purposes of this section:

(1)“Obscene material” means material, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(2)“Unauthorized” means either of the following:

(A)The obscene material was coerced, made, or obtained

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(a)
In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, including through electronic distribution, a prevailing plaintiff shall be awarded attorney’s fees and costs.
(b)
For purposes of this section:
(1)
“Obscene
material” means material, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(2)
“Unauthorized” means either of the following:
(A)
The obscene material was coerced, made, or obtained by trickery or subterfuge, or stolen, made, obtained, or distributed without the knowledge or without or beyond the express permission, freely given, of the person in the photograph, or the person whose identifiable likeness appears in the photograph.
(B)
The obscene material is of a person who was less than 18 years of age at the time the obscene material was created.