Signed by Governor Arnold Schwarzenegger

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that expands the "invasion of privacy" law to include the transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was illegally obtained, thereby subjecting an individual who violates the law to up to 3 times the amount of any general and special damages that are proximately cause by the violation, punitive damages, and a civil fine of not less than $5,000 and not more than $50,000.

Highlights:

-Relies on the existing prohibitions for an "invasion of privacy" as follows (Sec. 2):

-Trespassing in order to physically invade the privacy of an individual with the intent to capture any type of visual image, sound recording, or other physical impression of the individual engaging in a personal or familial activity, provided the invasion occurs in a manner that is "offensive to a reasonable person." -Attempting to capture, using a visual or auditory enhancing device, any type of visual image, sound recording, or physical impression of an individual engaging in a personal or familial activity under circumstances in which the individual had a "reasonable expectation of privacy," provided the invasion occurs in a manner that is "offensive to a reasonable person"; and -An assault committed with intent to capture any type of visual image, sound recording, or other physical impression of an individual.

-Specifies that an individual must have "actual knowledge" that the visual image, sound recording, or other physical impression was illegally obtained to be in violation of the "invasion of privacy" law, meaning actual awareness, understanding, and recognition prior to the time at which the individual purchased or acquired the visual image, sound recording, or other physical impression (Sec. 2). -Specifies that an individual is not in violation of the "invasion of privacy" law if he or she transmits, publishes, broadcasts, sells, or offers for sale any visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold, or offered for sale by another individual (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands the "invasion of privacy" law to include the transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was illegally obtained, thereby subjecting an individual who violates the law to up to 3 times the amount of any general and special damages that are proximately caused by the violation, punitive damages, and a civil fine of not less than $5,000 and not more than $50,000.

Highlights:

-Relies on the existing prohibitions for an "invasion of privacy" as follows (Sec. 2):

-Trespassing in order to physically invade the privacy of an individual with the intent to capture any type of visual image, sound recording, or other physical impression of the individual engaging in a personal or familial activity, provided the invasion occurs in a manner that is "offensive to a reasonable person." -Attempting to capture, using a visual or auditory enhancing device, any type of visual image, sound recording, or physical impression of an individual engaging in a personal or familial activity under circumstances in which the individual had a "reasonable expectation of privacy," provided the invasion occurs in a manner that is "offensive to a reasonable person"; and -An assault committed with intent to capture any type of visual image, sound recording, or other physical impression of an individual.

-Specifies that an individual must have "actual knowledge" that the visual image, sound recording, or other physical impression was illegally obtained to be in violation of the "invasion of privacy" law, meaning actual awareness, understanding, and recognition prior to the time at which the individual purchased or acquired the visual image, sound recording, or other physical impression (Sec. 2). -Specifies that an individual is not in violation of the "invasion of privacy" law if he or she transmits, publishes, broadcasts, sells, or offers for sale any visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold, or offered for sale by another individual (Sec. 2).

Full Bill Text