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California Civil Code Section 1708.8

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1708.8

(a) A person is liable for physical invasion of privacy
when the defendant knowingly enters onto the land of another person
without permission or otherwise committed a trespass in order to
physically invade the privacy of the plaintiff with the intent to
capture any type of visual image, sound recording, or other physical
impression of the plaintiff engaging in a personal or familial
activity and the physical invasion occurs in a manner that is
offensive to a reasonable person.
   (b) A person is liable for constructive invasion of privacy when
the defendant attempts to capture, in a manner that is offensive to a
reasonable person, any type of visual image, sound recording, or
other physical impression of the plaintiff engaging in a personal or
familial activity under circumstances in which the plaintiff had a
reasonable expectation of privacy, through the use of a visual or
auditory enhancing device, regardless of whether there is a physical
trespass, if this image, sound recording, or other physical
impression could not have been achieved without a trespass unless the
visual or auditory enhancing device was used.
   (c) An assault committed with the intent to capture any type of
visual image, sound recording, or other physical impression of the
plaintiff is subject to subdivisions (d), (e), and (h).
   (d) A person who commits any act described in subdivision (a),
(b), or (c) is liable for up to three times the amount of any general
and special damages that are proximately caused by the violation of
this section. This person may also be liable for punitive damages,
subject to proof according to Section 3294. If the plaintiff proves
that the invasion of privacy was committed for a commercial purpose,
the defendant shall also be subject to disgorgement to the plaintiff
of any proceeds or other consideration obtained as a result of the
violation of this section.
   (e) A person who directs, solicits, actually induces, or actually
causes another person, regardless of whether there is an
employer-employee relationship, to violate any provision of
subdivision (a), (b), or (c) is liable for any general, special, and
consequential damages resulting from each said violation. In
addition, the person that directs, solicits, instigates, induces, or
otherwise causes another person, regardless of whether there is an
employer-employee relationship, to violate this section shall be
liable for punitive damages to the extent that an employer would be
subject to punitive damages pursuant to subdivision (b) of Section
3294.
   (f) Sale, transmission, publication, broadcast, or use of any
image or recording of the type, or under the circumstances, described
in this section shall not itself constitute a violation of this
section, nor shall this section be construed to limit all other
rights or remedies of plaintiff in law or equity, including, but not
limited to, the publication of private facts.
   (g) This section shall not be construed to impair or limit any
otherwise lawful activities of law enforcement personnel or employees
of governmental agencies or other entities, either public or private
who, in the course and scope of their employment, and supported by
an articulable suspicion, attempt to capture any type of visual
image, sound recording, or other physical impression of a person
during an investigation, surveillance, or monitoring of any conduct
to obtain evidence of suspected illegal activity, the suspected
violation of any administrative rule or regulation, a suspected
fraudulent insurance claim, or any other suspected fraudulent conduct
or activity involving a violation of law or pattern of business
practices adversely affecting the public health or safety.
   (h) In any action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction and
restraining order against further violations of subdivision (a) or
(b).
   (i) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies provided
by law.
   (j) It is not a defense to a violation of this section that no
image, recording, or physical impression was captured or sold.
   (k) For the purposes of this section, "for a commercial purpose"
means any act done with the expectation of a sale, financial gain, or
other consideration. A visual image, sound recording, or other
physical impression shall not be found to have been, or intended to
have been captured for a commercial purpose unless it is intended to
be, or was in fact, sold, published, or transmitted.
   (l) For the purposes of this section, "personal and familial
activity" includes, but is not limited to, intimate details of the
plaintiff's personal life, interactions with the plaintiff's family
or significant others, or other aspects of plaintiff's private
affairs or concerns. Personal and familial activity does not include
illegal or otherwise criminal activity as delineated in subdivision
(f). However, "personal and familial activity" shall include the
activities of victims of crime in circumstances where either
subdivision (a) or (b), or both, would apply.
   (m) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

Last modified: January 12, 2009