Two different nightmares, one legal answer: in California, you are not powerless, and you do not have to "just wait for it to blow over."

Ava: Michael, there are two versions of this and they both land the same way in someone's stomach. One: a private photo you did share — with one person — is suddenly everywhere. Two: a photo you never took, because your face was pasted onto someone else's body by an app. What does California law do about each?

Michael Benavides, Esq.: It treats both as real harms with real remedies — which is the first thing every person in this situation deserves to hear. Let me take them in turn.

When it was a real image, shared without consent

Michael Benavides, Esq.: California has a dedicated civil cause of action — Civil Code § 1708.85 — that lets a victim sue someone who intentionally distributes an intimate image they knew, or should have known, the person expected to stay private. That means money damages, and it can include the ability to proceed using a pseudonym so you're not re-exposed just by filing. Separately, there's a criminal statute, Penal Code § 647(j)(4), that makes nonconsensual distribution of intimate images a crime the police and district attorney can pursue.

Ava: So there's a lane to sue the person and a lane to report it.

Michael Benavides, Esq.: Both — and they're not mutually exclusive.

When the image was faked — deepfakes

Michael Benavides, Esq.: This is where people assume they're out of luck because "it isn't really me." The opposite is true. California added Civil Code § 1708.86 specifically to give victims of digitally created or altered sexually explicit material a civil claim against the person who made or disclosed it. The law recognized what everyone already knew — that a convincing fake can do the same damage as a real photo — and California has continued to add protections aimed at AI-generated abuse. So "it's a deepfake" is not a defense; in many cases it's the whole claim.

Your first three moves

Ava: The theme I keep hearing is: document first, react second.

Michael Benavides, Esq.: Because the record is what turns "this happened to me" into a case someone has to answer for.

Next in Pink Data → Tracking & Stalkerware: when the phone in your pocket is working for someone else.

Pink Data helps California women and families take back control of their data. If intimate images of you — real or faked — have been shared without your consent, we can help you preserve evidence, demand removal, and pursue the people responsible. Free, confidential consultation: 707-362-4166.

PINK DATA is a women's- and family-focused brand of the Law Office of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; all legal analysis is provided by Michael Benavides, Esq. General information about California law, not legal advice; no attorney-client relationship is formed. Statutes in this area change quickly — verify current law. If you are in danger, call 911; the National Domestic Violence Hotline is 1-800-799-7233; the Cyber Civil Rights Initiative operates a crisis helpline for image-based abuse. ATTORNEY ADVERTISING.