Law / United States / 
California
Deepfake Pornography Civil Liability Law (AB 621)
Cal. Civ. Code Section 1708.86 (AB 621, Ch. 673, Stats. 2025)
In force since .
An AI prohibited practices rule binding private bodies.
- Obligation class
- Prohibition, Consent
- Setting the rule reaches
- General
As of .
What it requires
- Do not create and intentionally disclose, or intentionally disclose, digitized sexually explicit material (an image, video or other visual or audiovisual work created or substantially altered through digitization that shows a depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct) if you know, or reasonably should know, that the person depicted did not consent or was a minor when the material was created
- Do not knowingly facilitate, or recklessly aid or abet, another person's creation and intentional disclosure of digitized sexually explicit material
- If you own, operate or control a deepfake pornography service, an internet website, mobile application or other service whose primary purpose is to create digitized sexually explicit material, hold the express written consent of each person depicted: you are treated as creating and intentionally disclosing the material and are presumed to have known the person did not consent unless you produce that consent
- If you provide a service that enables the ongoing operation of a deepfake pornography service, take all necessary steps to stop providing it within 30 days of receiving evidence from a depicted individual or a public prosecutor that you are providing it, or you are presumed to be knowingly facilitating or recklessly aiding or abetting the conduct (a court may extend the 30 days for an ongoing law enforcement investigation or operation)
- Do not rely on a disclaimer in the material, or on a statement that users are prohibited from generating such material without the individual's consent, as a defense
- An internet service provider is not liable under the section for the mere transmission, routing, or provision of access to third-party content over its network, and the section does not apply to conduct protected by federal law, including Section 230 of Title 47 of the United States Code
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Civil Code section 1708.86(f)(2)(B): a prevailing public prosecutor is entitled to a civil penalty of $25,000 per violation, or $50,000 per violation committed with malice.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 25,000
Statutory damages
Civil Code section 1708.86(f)(1)(B)(ii): on the plaintiff's request, statutory damages of not less than $1,500 and not more than $50,000 with respect to any one work, increased to a maximum of $250,000 if the act was committed with malice, in place of economic and noneconomic damages.
- As of
- Currency
- USD
- Per person minimum
- 1,500
Who enforces it
Enforcement body
A depicted individual through a private civil action, and a public prosecutor (the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor) through a civil action under Civil Code section 1708.86(f)(2).
What this law does
AB 621 was chaptered on as Chapter 673 of the Statutes of 2025. Civil Code Section 1708.86, as amended by AB 621, is effective per the code's own history note.
A depicted individual has a cause of action against a person who creates and intentionally discloses digitized sexually explicit material portraying the individual, or intentionally discloses such material the person did not create, when the person knows or reasonably should know that the individual did not consent or was a minor when the material was created.
Digitized sexually explicit material is any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct. The cause of action also reaches a person who knowingly facilitates or recklessly aids or abets that conduct.
A deepfake pornography service is an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material. A person that owns, operates, or controls a deepfake pornography service is treated as creating and intentionally disclosing the material and is presumed to have known that the depicted individual did not consent, unless the person produces evidence of the depicted individual's express written consent.
A person that provides a service that enables the ongoing operation of a deepfake pornography service is presumed to be in violation of the facilitation provision if a depicted individual or public prosecutor provides the person with evidence sufficient to demonstrate that it is providing services that enable the ongoing operation of a deepfake pornography service that engages in conduct that violates the section.
The presumption applies only if the person fails to take all necessary steps to stop providing those services within 30 days of receiving that evidence. A court may extend the 30 days if it finds that additional time is needed to conduct an ongoing law enforcement investigation or operation. A disclaimer in the material, or a statement by a deepfake pornography service that users are prohibited from generating such material without consent, is not a defense.
The section does not apply to conduct protected by federal law, including Section 230 of Title 47 of the United States Code. An internet service provider is not held liable under the section for the mere transmission, routing, or provision of access to third-party content over its network.
A prevailing depicted individual may recover an amount equal to the monetary gain made by the defendant from the creation and disclosure of the material, together with economic and noneconomic damages, including damages for emotional distress. On request, the plaintiff may instead recover statutory damages with respect to any one work of not less than $1,500 and not more than $50,000, increased to a maximum of $250,000 if the act was committed with malice.
A public prosecutor may bring a civil action to enforce the section. A prevailing public prosecutor is entitled to a civil penalty of $25,000 per violation, or $50,000 per violation for a violation committed with malice.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.