Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 695

Introduced by Assembly Member Travis Allen

February 25, 2015

begin delete An act relating to civil law. end delete begin insert An act to add Section 1708.87 to the Civil Code, relating to civil law. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 695, as amended, Travis Allen. begin delete Internet impersonation: civil action. end delete begin insert Internet impersonation: civil cause of action. end insert

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Under existing criminal law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to specified provisions.

end insert begin insert

This bill would establish a private civil cause of action against any person who knowingly and without consent credibly impersonates another person through or on an Internet Web site or by other electronic means and intentionally induces another to believe the person is the impersonated person, if that other person suffers any general or special damages. The bill would also establish a private civil cause of action against any person who knowingly uses another person’s likeness without that person’s knowledge or consent, in furtherance of the aforementioned activity, if the person whose likeness was used has sustained general or special damages. The bill would authorize the court to award reasonable attorney’s fees and court costs to the prevailing plaintiff.

end insert begin delete

Under existing criminal law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to specified provisions.

end delete begin delete

This bill would declare the intent of the Legislature to enact legislation that would establish a private cause of action against any person who knowingly and without consent impersonates another person through or on an Internet Web site.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1708.87 is added to the end insert begin insert Civil Code end insert begin insert , to
read: end insert

begin insert

begin insert 1708.87. end insert   

(a) A private cause of action lies against any person
who knowingly and without consent credibly impersonates another
person through or on an Internet Web site or by other electronic
means and intentionally induces another to believe the person is
the impersonated person, if that other person suffers any general
or special damages as described in Section 48a. For purposes of
this section, an impersonation is credible if another person would
reasonably believe, or did reasonably believe, that the defendant
was or is the person who was impersonated.

(b) A private cause of action lies against any person who
knowingly uses another person’s likeness without that person’s
knowledge or consent, in furtherance of a violation of subdivision
(a), if the person whose likeness was used has sustained general
or special damages as described in Section 48a.

(c) The court may award reasonable attorney’s fees and court
costs to the prevailing plaintiff.

(d) For purposes of this section, “electronic means” shall
include opening an email account or an account or profile on a
social networking Internet Web site in another person’s name.

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begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would establish a private cause of action against
any person who knowingly and without consent impersonates
another person through or on an Internet Web site.

end delete