Existing law provides that a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, or knowingly trespasses or commits assault with the intent to capture, as specified, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified. The person who commits the act is liable for up to 3 times the amount of general and special damages, and may be liable for punitive damages. However, the sale, transmission, publication, broadcast, or use of any image or recording of the type, or under the circumstances, described does not itself constitute a violation of that provision.
Existing law provides that a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, or knowingly trespasses or commits assault with the intent to capture, as specified, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified. The person who commits the act is liable for up to 3 times the amount of general and special damages, and may be liable for punitive damages. However, the sale, transmission, publication, broadcast, or use of any image or recording of the type, or under the circumstances, described does not itself constitute a violation of that provision.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
The legislative action history — every referral, reading, and vote.
2009-02-25 Read first time. To print. reading-1
2009-02-26 From printer. May be heard in committee March 28.
2009-03-12 Referred to Com. on B. & P. referral-committee
2009-04-28 In committee: Set, first hearing. Hearing canceled at the request of author.
2009-04-29 From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. amendment-introduction, reading-2, amendment-passage, reading-1
2009-04-30 Re-referred to Com. on RULES by unanimous consent. referral-committee
2009-05-04 From committee: Be re-referred to Com. on JUD. Re-referred. (Ayes 10. Noes 0.) (May 4). referral-committee, committee-passage
2009-05-18 From committee: Amend, and do pass as amended. (Ayes 8. Noes 2.) (May 12). amendment-introduction, amendment-passage, committee-passage
2009-05-19 Read second time and amended. Ordered returned to second reading. amendment-passage, reading-2, reading-1
2009-05-20 Read second time. To third reading. reading-2, reading-1
2009-06-02 Read third time, passed, and to Senate. (Ayes 55. Noes 14. Page 1985.) reading-3, passage, reading-1
2009-06-03 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2009-06-18 Referred to Com. on JUD. referral-committee
2009-06-29 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. amendment-introduction, reading-2, amendment-passage, referral-committee, reading-1
2009-07-06 In committee: Hearing postponed by committee.
2009-07-23 From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14). amendment-introduction, amendment-passage, committee-passage
2009-07-23 Read second time, amended, and re-referred to Com. on APPR. amendment-passage, referral-committee, reading-2, reading-1
2009-08-18 From committee: Be placed on second reading file pursuant to Senate Rule 28.8. committee-passage
2009-08-19 Read second time. To third reading. reading-2, reading-1
2009-09-02 Read third time, amended. To second reading. reading-3, amendment-passage, reading-1
2009-09-03 Read second time. To third reading. reading-2, reading-1
2009-09-08 Read third time, passed, and to Assembly. (Ayes 25. Noes 15. Page 2292.) reading-3, passage, reading-1
2009-09-09 In Assembly. Concurrence in Senate amendments pending.
2009-09-10 Senate amendments concurred in. To enrollment. (Ayes 57. Noes 20. Page 3261.) amendment-passage, committee-passage-favorable
2009-09-25 Enrolled and to the Governor at 5 p.m.
2009-10-11 Approved by the Governor. executive-signature
2009-10-11 Chaptered by Secretary of State - Chapter 449, Statutes of 2009.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/8bad9ac8-3011-425f-8a69-7707014a08eb. Confidence: reported (aggregated from official California legislature records).