California was among the first states to pass NCII legislation. Penal Code § 647(j)(4) makes it a crime to intentionally distribute intimate images without consent, knowing the victim would suffer serious emotional distress. Civil Code § 1708.85 provides a civil cause of action with up to $30,000 in damages. The 2026 TAKE IT DOWN Act adds a federal overlay requiring covered platforms to remove intimate images within 48 hours of a compliant notice. ScanErase's scan finds every platform hosting your images across 200+ platforms, and your exposure report supports any California civil or criminal action.

What to do now: removal and legal steps

  1. Upload your face photo for a full scan ScanErase searches 2.4 billion indexed face embeddings across all 200+ covered platforms.
  2. Receive your complete results All hosting URLs identified privately in your dashboard.
  3. Send TAKE IT DOWN Act notices Legally binding 223a notices with 48-hour federal deadlines to all identified platforms.
  4. Document for California civil action Your Your exposure report supports a California CC § 1708.85 civil damages claim.
  5. Report to California law enforcement Your Your exposure report supports a California criminal complaint under Penal Code § 647(j)(4).

Frequently asked questions

What are the penalties under California Penal Code § 647(j)(4)?

First offense is a misdemeanor with up to 6 months in county jail and up to $1,000 fine. Second offense or cases involving minors can be charged as felonies with up to 3 years in state prison.

Can I sue civilly in California?

Yes. California Civil Code § 1708.85 provides a civil cause of action for NCII. Damages include actual damages, emotional distress damages, and up to $30,000 in additional damages per image.

Does the TAKE IT DOWN Act apply in California?

Yes. The TAKE IT DOWN Act is federal law that applies in all 50 states. California residents have both state and federal legal rights.

Other state legal guides