{ "batch": "168-california-video-recording-and-obscenity-statutes", "articles": [ { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_statutes_anchor", "category": "Safety", "title": "[Unverified - being checked] Official California statute index", "summary": "[Unverified - being checked] California's official statute site is leginfo.legislature.ca.gov, maintained by the California Legislature.", "body": "California's official statute site is leginfo.legislature.ca.gov, maintained by the California Legislature.\n\nWhat California Legislature actually says:\n\n“Welcome to the California Legislative Information website!”\n\nNote: Anchor record for this batch.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "Welcome to the California Legislative Information website!", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Legislative Information", "topic": "Official California statute index", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_632_recording_consent", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 632: Recording consent requirement", "summary": "[Unverified - being checked] California requires ALL-PARTY consent for recording confidential communications.", "body": "California requires ALL-PARTY consent for recording confidential communications.\n\nWhat California Legislature actually says:\n\n“(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.”\n\nNote: California is an ALL-PARTY consent state. The operative phrase is 'without the consent of all parties to a confidential communication.'", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=632", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 632", "topic": "Recording consent requirement", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_647j_voyeurism", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 647(j): Video voyeurism and unlawful surveillance", "summary": "[Unverified - being checked] California criminalizes using devices to view or record persons in private spaces where they have a reasonable expectation of privacy.", "body": "California criminalizes using devices to view or record persons in private spaces where they have a reasonable expectation of privacy.\n\nWhat California Legislature actually says:\n\n“(j) (1) A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.”\n\nNote: Covers peeping, upskirting, and hidden camera recording in private spaces.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(j) (1) A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 647(j)", "topic": "Video voyeurism and unlawful surveillance", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_647j_revenge_porn", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 647(j)(4): Non-consensual intimate image distribution", "summary": "[Unverified - being checked] California criminalizes intentional distribution of intimate images without consent, including synthetic or AI-generated depictions.", "body": "California criminalizes intentional distribution of intimate images without consent, including synthetic or AI-generated depictions.\n\nWhat California Legislature actually says:\n\n“(4) (A) (i) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: (I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress. (II) The person depicted suffers serious emotional distress.”\n\nNote: Subparagraph (ii) explicitly covers synthetic/AI-generated images: 'A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation...that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted.'", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(4) (A) (i) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: (I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress. (II) The person depicted suffers serious emotional distress.", "volatility": "medium", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 647(j)(4)", "topic": "Non-consensual intimate image distribution", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_311_obscenity_definition", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 311: Obscenity definitions", "summary": "[Unverified - being checked] California defines obscene matter using a three-part test: prurient interest, patently offensive sexual conduct, and lack of serious literary, artistic, political, or scientific value.", "body": "California defines obscene matter using a three-part test: prurient interest, patently offensive sexual conduct, and lack of serious literary, artistic, political, or scientific value.\n\nWhat California Legislature actually says:\n\n“(a) \"Obscene matter\" means matter, 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.”\n\nNote: Mirrors the federal Miller test but uses 'contemporary statewide standards' instead of 'contemporary community standards.'", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=311.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(a) \"Obscene matter\" means matter, 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.", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 311", "topic": "Obscenity definitions", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_311_2_distribution_offense", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 311.2: Obscenity distribution offense", "summary": "[Unverified - being checked] Distribution of obscene matter in California is a misdemeanor on first offense, with enhanced penalties for repeat offenders.", "body": "Distribution of obscene matter in California is a misdemeanor on first offense, with enhanced penalties for repeat offenders.\n\nWhat California Legislature actually says:\n\n“(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000).”\n\nNote: Applies to adult obscene matter. Subdivisions (b)-(d) cover child sexual abuse material with felony penalties.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=311.2.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000).", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 311.2", "topic": "Obscenity distribution offense", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_314_indecent_exposure", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 314: Indecent exposure and public lewdness", "summary": "[Unverified - being checked] California criminalizes willful and lewd exposure of private parts in public places or where others are present.", "body": "California criminalizes willful and lewd exposure of private parts in public places or where others are present.\n\nWhat California Legislature actually says:\n\n“Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.”\n\nNote: Requires 'lewd' intent - mere nudity is not sufficient per In re Smith (1972) 7 Cal.3d 362. Could reach filmed performances if lewd intent is shown.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=314.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 314", "topic": "Indecent exposure and public lewdness", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_civ_3344_right_of_publicity", "category": "Safety", "title": "[Unverified - being checked] California Civil Code § 3344: Right of publicity and commercial appropriation", "summary": "[Unverified - being checked] California protects against unauthorized commercial use of another's name, voice, signature, photograph, or likeness.", "body": "California protects against unauthorized commercial use of another's name, voice, signature, photograph, or likeness.\n\nWhat California Legislature actually says:\n\n“(a) (1) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person's prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.”\n\nNote: Covers commercial appropriation of identity. News/public affairs/sports broadcasts and political campaigns are exempt.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3344.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(a) (1) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person's prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.", "volatility": "low", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Civil Code § 3344", "topic": "Right of publicity and commercial appropriation", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r168_california_video_recording_and_obscenity_statutes_ca_pen_647j_revenge_porn_synthetic", "category": "Safety", "title": "[Unverified - being checked] California Penal Code § 647(j)(4)(A)(ii): Synthetic intimate images", "summary": "[Unverified - being checked] California explicitly criminalizes distribution of AI-generated or computer-generated intimate images that appear authentic.", "body": "California explicitly criminalizes distribution of AI-generated or computer-generated intimate images that appear authentic.\n\nWhat California Legislature actually says:\n\n“(ii) A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.”\n\nNote: Deepfake provision added by SB 926.", "source_type": "official", "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "California Legislature", "evidence_quote": "(ii) A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.", "volatility": "medium", "from_batch": "168-california-video-recording-and-obscenity-statutes", "subject": "California Penal Code § 647(j)(4)(A)(ii)", "topic": "Synthetic intimate images", "applies_to_country": "US", "applies_to_scope": "California state only", "tags": { "lane": "any", "stage": "any", "region": [ "us-ca" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "thin_body", "source_unverifiable:fetch_failed:budget" ], "checked_utc": "20261021-123916Z" } } ] }