Assembly BillPassed first houseBusiness and Professions
AB 392: Pornographic internet websites: consent.
What AB 392 does, verified December 6, 2025
A new law would require internet website operators to ensure that sexually explicit content does not include minors. Users would need to certify that any individual depicted in the content was not a minor at the time it was created and that they consented to being depicted. The operator would also need to verify the user's email address before uploading the content. Those who knowingly provide false information in the certification would be punishable by a fine. A depicted individual and a public prosecutor could bring a civil action to enforce the law. The state would not be required to reimburse local agencies or school districts for the costs of implementing this law.
Bill journey
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5GovernorPending
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Last action: In committee: Held under submission. (2025-05-23)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions27 total · showing 5
| Aug. 29, 2025 | In committee: Held under submission. |
| Aug. 18, 2025 | In committee: Referred to suspense file. |
| Jul. 14, 2025 | Re-referred to Com. on APPR. |
| Jul. 14, 2025 | Withdrawn from committee. |
| Jul. 10, 2025 | Read second time and amended. Re-referred to Com. on PUB. S. |
Latest bill textAmended version, July 10, 2025 · 1,491 words
| Amended IN Senate July 10, 2025 |
| Amended IN Senate June 30, 2025 |
| Amended IN Assembly May 23, 2025 |
| Amended IN Assembly April 23, 2025 |
| Amended IN Assembly March 26, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 392
| Introduced by Assembly Member Dixon |
February 03, 2025 |
An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.
LEGISLATIVE COUNSEL'S DIGEST
AB 392, as amended, Dixon. Pornographic internet websites: consent.
Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.
This bill would require a person who operates an internet website to exercise ordinary care and reasonable diligence to ensure that any sexually explicit content, as defined, uploaded to the operator’s pornographic internet website does not include a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement certifying, not under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet on the pornographic internet website. The bill would make knowingly providing false information in that statement an infraction punishable by a fine, as specified. By creating a new infraction, this bill would impose a state-mandated local program. The bill would require an operator of a pornographic internet website to verify a user’s email address before permitting the user to upload sexually explicit content to the operator’s pornographic internet website.
This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 22.6. Pornographic Internet Websites
22605.
As used in this chapter:(a) “Clear and conspicuous” shall have the meaning defined in Section 17601.
(b) “Depicted individual” means an individual who is depicted as in the nude or engaging in sexual acts in sexually explicit content and who meets any of the following criteria:
(1) The individual did not consent to being depicted in the sexually explicit content.
(2) The individual was a minor at the time the sexually explicit content was created.
(3) When the sexually explicit content was uploaded to the pornographic internet website, the individual did not consent to that uploading.
(c) “Internet website” does not include either of the following:
(1) A service or application that provides email or direct messaging services, on the basis of that function alone.
(2) A service or application that provides cloud storage, file transfer services, or file collaboration, on the basis of that function alone.
(c)
(d) “Operator” means a person who operates an internet website.
(d)
(e) “Pornographic internet website” means an internet website that the owner or operator of the internet website holds out as featuring sexually explicit content or invites users to upload, or solicits from users, sexually explicit content for display on the internet website.
(e)
(f) (1) “Sexually explicit content” means visual imagery, any portion of a visual or audiovisual work, including imagery generated by artificial intelligence or created or substantially altered through digitization, of an that shows a depicted individual or individuals in the nude or engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value. sexual conduct.
(f)“Takedown request” means a request by a depicted individual made through the mechanism established pursuant to Section 22608.
(2) “Sexually explicit content” does not mean content that, taken as a whole, has serious literary, artistic political, or scientific value.
(g) “Sexual conduct” has the same meaning as in Section 1708.86 of the Civil Code.
(g)
(h) “User” means a person or entity that uploads or otherwise provides sexually explicit content to a pornographic internet website.
22606.
An operator shall exercise ordinary care, as described in subdivision (a) of Section 1714 of the Civil Code, and reasonable diligence to ensure that each instance of sexually explicit content displayed on the operator’s internet website does not include a depicted individual.22607.
(a) Before uploading sexually explicit content to a pornographic internet website, a user shall submit both of the following to the operator of the pornographic internet website:(1) (A) A statement certifying, not under penalty of perjury, that each individual depicted in the sexually explicit content meets all of the following criteria:
(i) The individual was not a minor at the time the sexually explicit content was created.
(ii) The individual consents to the sexually explicit content being uploaded to the internet on the pornographic internet website.
(iii) The individual consented to being depicted in the sexually explicit content.
(B) (i) An operator of a pornographic internet website who does not obtain the statement described in subparagraph (A) shall be presumed to have violated Section 22606.
(ii) The presumption created by clause (i) may be rebutted if the operator establishes, by a preponderance of the evidence, that the operator took other steps to verify that material uploaded to, and displayed on, the pornographic website satisfied the criteria described in subparagraph (A) that were consistent with its duty of care described in Section 22606.
(C) Knowingly providing false information in the statement described in subparagraph (A) is an infraction punishable by a one-thousand-dollar ($1,000) fine.
(2) Information sufficient to enable the operator to contact the user, including, at a minimum, an email address.
(b) An operator shall retain the statement and information required by subdivision (a) in a readily available format for at least seven years after the statement and information are submitted.
(c) An operator of a pornographic internet website shall verify a user’s email address before permitting the user to upload sexually explicit content to the operator’s pornographic internet website.
(d) An operator of a pornographic internet website may require a user to submit the information required by paragraph (1) of subdivision (a) through a specific mechanism or medium.
22608.
(a) A depicted individual who suffers harm as a result of sexually explicit content depicting the individual being displayed on a pornographic internet website may bring a civil action against the operator of the pornographic internet website if the operator allowed that content to be uploaded to, or displayed on, its pornographic internet website in violation of Section 22606 or 22607 and may bring a civil action against the user for uploading sexually explicit content that the user knew, or should have known, included a depicted individual.(b) A depicted individual who prevails in a civil action pursuant to this section may obtain all of the following relief:
(1) Actual damages or statutory damages in an amount that is not greater than seventy-five thousand dollars ($75,000) per violation, whichever amount is greater.
(2) Punitive damages.
(3) Reasonable attorney’s fees and costs.
(4) Any other available relief, including injunctive relief.
(c) A public prosecutor may bring a civil action to enforce this chapter to obtain all of the following relief:
(1) A civil penalty of twenty-five thousand dollars ($25,000) per violation.
(2) Injunctive and other equitable relief.
(3) Reasonable attorney’s fees and costs.
(4) Any other relief the court deems appropriate.
(d) Each full calendar day that sexually explicit content, subject to removal under content uploaded or displayed in violation of this chapter, chapter remains accessible on the internet website beyond the 48-hour removal window constitutes a separate violation of this chapter.
22609.
The remedies provided by this chapter are cumulative and shall not be construed as restricting a remedy that is available under any other law.SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of AB 392 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions