Intimate Images Shared Without Consent

Invasion of privacy is one of the harms covered by our other personal injuries practice, and having private sexual images shared without consent is among the most personal of them. California gives the person in the images a specific civil claim, separate from any criminal case, with tools designed for this harm: a court order to stop distribution, attorney's fees, and the right to keep your name out of the public court file.

This guide explains what the claim requires, the exceptions in the statute, how to keep the case confidential, what applies to faked images, how to get material taken down, and the timing questions to settle early.

How does a claim work, step by step?

Preserve the evidence. Record where the images appeared, who shared them, when, and with whom, including any messages showing you expected them to stay private.
Ask platforms to take them down. Under the federal TAKE IT DOWN Act, a covered platform must remove an intimate image within 48 hours after a valid removal request, and make reasonable efforts to remove known identical copies (Public Law 119-12, section 3).
Consider a police report. Distributing such an image when the sharer knows or should know it will cause serious emotional distress, and the person depicted suffers it, can be a misdemeanor under Penal Code 647(j)(4), when the other conditions in that section are met.
Send a notice to anyone reposting it. A person who reposts material first distributed by someone else is not liable unless you served a notice to cease distribution by certified mail and they failed to stop within 20 days of receiving it (Civil Code 1708.85(c)(6)).
File the civil case, confidentially if you choose. You may sue as John Doe, Jane Doe or Doe, and the complaint's caption must state "ACTION BASED ON CIVIL CODE SECTION 1708.85" (Civil Code 1708.85(f) and (g)).
Ask the court to stop the distribution. The court may issue a temporary restraining order or a preliminary or permanent injunction ordering the defendant to stop (Civil Code 1708.85(d)).
Prove the claim and the harm. You recover general or special damages as defined in Civil Code 48a, and the court may award reasonable attorney's fees and costs to a prevailing plaintiff after a noticed hearing (Civil Code 1708.85(a) and (e)).

What remedies and tools are available?

Remedy or tool	What it does	Source
Damages	General damages (loss of reputation, shame, mortification, hurt feelings) and special damages (proven money losses)	Civil Code 1708.85(a); Civil Code 48a(d)
Court order	Temporary restraining order, preliminary injunction or permanent injunction ordering the defendant to stop distribution	Civil Code 1708.85(d)
Attorney's fees and costs	May be awarded to the prevailing plaintiff after a properly noticed hearing	Civil Code 1708.85(e)
Pseudonym and redaction	Sue as Doe; identifying details kept out of filings; court file access limited on request	Civil Code 1708.85(f)
Faked sexually explicit images	Damages or statutory damages of $1,500 to $50,000 per work, up to $250,000 with malice; punitive damages; fees; three-year deadline from discovery	Civil Code 1708.86(f) and (g)
Platform removal	Covered platforms remove a validly reported intimate image within 48 hours	Public Law 119-12 (TAKE IT DOWN Act), section 3
Criminal case	Distribution under the conditions in the statute is disorderly conduct, a misdemeanor	Penal Code 647(j)(4)

What do I have to prove?

The jury instruction for this claim lists six things: the defendant intentionally distributed a photograph, film, video, recording or other reproduction of you; you did not consent to the distribution; the defendant knew, or reasonably should have known, that you had a reasonable expectation the material would remain private; the material exposed an intimate body part or showed you engaged in a sexual act; you were harmed; and the defendant's conduct was a substantial factor in causing the harm (CACI 1810).

The statute defines "intimate body part" in subdivision (b) to cover the genitals and, for a woman, part of the breast, when uncovered or visible through less than fully opaque clothing (Civil Code 1708.85(b)). The Judicial Council's notes to CACI 1810 say the court may decide that question as a matter of law when it is clear.

The key questions are usually consent to distribution and the expectation of privacy. Sharing an image with one person is not the same as agreeing that it can be shown to others. The federal TAKE IT DOWN Act states this directly for its criminal provisions: the fact that a person disclosed an intimate image to another individual does not establish consent to its publication (Public Law 119-12, section 2).

When does the statute say there is no liability?

Subdivision (c) lists six situations: the material was created under an agreement for public use and distribution, or was otherwise intended for public distribution; the person possessing it has your permission to publish or post it; you waived any reasonable expectation of privacy by making it accessible to the general public; it is a matter of public concern; it was recorded in a public place where you had no reasonable expectation of privacy; or it was previously distributed by another person, unless you sent the certified-mail cease notice and the defendant did not stop within 20 days (Civil Code 1708.85(c)).

That last exception is why the notice matters. Each new person who reposts material can become liable if they keep distributing it more than 20 days after receiving your notice. Keep a copy of each notice and the certified mail receipt.

Can I keep my name out of the court file?

Yes. A plaintiff may proceed as John Doe, Jane Doe or Doe and may exclude or redact identifying characteristics from everything filed (Civil Code 1708.85(f)(1)). "Identifying characteristics" is defined broadly to include your name, address, city, age, relationship to the defendant, social media profiles, online identifiers and images from which your identity can be discerned (Civil Code 1708.85(f)(3)). Your real name goes on a confidential information form that the court keeps confidential, and every other party must use the pseudonym in filings and in public hearings.

On your request, the clerk limits access to the court file to the parties and their lawyers, people the court allows on a showing of good cause, and anyone else only 60 days after judgment, unless the court seals the records (Civil Code 1708.85(f)(5)). Our guide to what to expect at Sonoma County Superior Court covers where civil cases are filed locally.

What if the images are fake or digitally altered?

A separate statute covers sexually explicit material created or substantially altered through "digitization," meaning realistic depictions of nude body parts or sexual conduct that did not happen (Civil Code 1708.86(a)). You may sue a person who creates and intentionally discloses such material, or discloses it, knowing or having reason to know you did not consent, and anyone who knowingly facilitates or recklessly aids it (Civil Code 1708.86(b)).

A prevailing plaintiff may recover the defendant's profits, plus either actual damages including emotional distress or statutory damages of $1,500 to $50,000 per work, rising to $250,000 for malicious conduct, along with punitive damages and attorney's fees (Civil Code 1708.86(f)). A disclaimer that the person did not participate is not a defense (Civil Code 1708.86(e)). The action must be filed within three years after the creation or disclosure was discovered or should have been discovered (Civil Code 1708.86(g)).

How long do I have to sue?

Section 1708.85 does not state its own filing deadline. California's general limits include two years for injury caused by the wrongful act of another (Code of Civil Procedure 335.1) and one year for libel and slander (Code of Civil Procedure 340(c)), and which one a court applies to this claim is a legal question. The careful course is to treat one year from the distribution as the working deadline and act well before it; our guide on how long you have to sue for defamation explains how that one-year rule is counted. Our guide to California personal injury deadlines lists the other limits.

What changes the answer?

The person who shared the images is a current or former partner. The conduct may also support other claims and protective orders; read suing for domestic violence in California.

The images were taken secretly. Recording someone without authorization where they had a reasonable expectation of privacy is one of the conditions for the crime in Penal Code 647(j)(4)(A)(i), and the privacy claim for intrusion into private affairs may also apply (CACI 1800).

You were under 18. The time while a person is a minor is generally not counted toward a civil deadline (Code of Civil Procedure 352(a)), and the faked-image statute covers material made when the person depicted was a minor (Civil Code 1708.86(b)).

A website or app hosted the images. Section 1708.85 does not change the federal protections for interactive service providers under 47 United States Code 230 (Civil Code 1708.85(h)), but the federal removal process applies to covered platforms (Public Law 119-12, section 3).

The harm reaches beyond this statute. Severe distress from outrageous conduct can support a separate claim; see emotional distress without a physical injury. If your name or photo was also used to sell something, read what to do when a business used your name or photo.

What could this look like? An example

For example, imagine a Windsor woman who, during a relationship, sent her boyfriend private photos with the understanding, shown in their texts, that they were for him alone. After the breakup he posts them in a group chat and on a website. A stranger then reposts them on a second site.

She saves screenshots with dates and web addresses, uses each site's removal process, and reports the posts to police. She files a civil case as Jane Doe in Sonoma County Superior Court, with the required caption, and asks for a temporary restraining order to stop her former boyfriend from sharing the photos further. For the stranger, who reposted material someone else first distributed, she sends a notice to cease by certified mail; if the reposts stay up more than 20 days after he receives it, he may be added to the case. Her texts help show the reasonable expectation of privacy. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make after images are shared?

Deleting messages or posts before saving screenshots that show dates, web addresses and who shared them.
Assuming there is no claim because they sent the image to the person who shared it.
Contacting or threatening the person who shared the images, which can create new problems.
Not using platforms' removal processes, which can work faster than any court order.
Skipping the certified-mail notice to people who repost the material.
Waiting to act, without knowing which deadline a court will apply.

What should I do this week?

Save evidence of every posting: screenshots with dates and web addresses, usernames, and the messages showing the images were private.
Submit a removal request to each platform where the images appear, and keep copies of each request.
Report the distribution to your local police department or sheriff's office and ask for the report number.
Send a certified-mail notice to cease distribution to anyone reposting the images, and keep the receipts.
Write down when you first learned of the distribution and when it happened, for the deadline.
Talk to a lawyer about a restraining order and filing under a pseudonym; our list of what to bring to a first meeting with a lawyer helps you prepare.

Frequently asked questions

I took the photo myself and sent it. Can I still sue?

Yes, potentially. The claim focuses on whether you consented to the distribution and whether the sharer knew or should have known you expected it to remain private (Civil Code 1708.85(a)). Sending it privately to one person is not making it accessible to the general public under subdivision (c)(3).

Will my name become public if I sue?

Not if you choose to proceed as Doe. Your identifying characteristics are kept out of filings, other parties must use the pseudonym, and the court keeps the confidential information form private (Civil Code 1708.85(f)).

Is sharing these images a crime in California?

It can be. Penal Code 647(j)(4) makes it disorderly conduct, a misdemeanor, when its conditions are met, and a second or later violation of subdivision (j) can bring up to one year in county jail or a fine of up to $2,000 (Penal Code 647(k)(1)). A criminal case is separate from your civil claim.

Can I sue the website?

Section 1708.85 does not alter the federal protections for interactive service providers (Civil Code 1708.85(h)). Under federal law, covered platforms must run a removal process and remove a validly reported image within 48 hours, and the Federal Trade Commission enforces that duty (Public Law 119-12, section 3).

What if someone is threatening to share images but has not yet?

Section 1708.85 applies once material is distributed. Federal law makes it a crime to intentionally threaten to publish an intimate image to intimidate, coerce, extort or create mental distress (Public Law 119-12, section 2). Save the threats and report them to police.

Can I get my attorney's fees paid?

The court may award reasonable attorney's fees and costs to a prevailing plaintiff after a properly noticed hearing (Civil Code 1708.85(e)). For faked images, a prevailing plaintiff may recover reasonable attorney's fees and costs (Civil Code 1708.86(f)).

Where can I get local help in Sonoma County?

Police or the sheriff take criminal reports, and the civil case is filed in superior court. Our page on injury claims in Sonoma County lists the court and county offices that matter after an injury, including where a lawsuit is filed.

If someone shared intimate images of you without consent, contact Young Law Group today at (707) 343-0556 or through our contact page for a free, confidential consultation.

Someone shared intimate images of me without consent: can I sue in California?