List a land entry or a device capture in the file

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List whether the file shows a knowing entry onto land or into the airspace above it, or a device used to capture an activity, and quote the activity the file describes, with the page. State no liability and write no demand.

What the lawyer must review

You decide liability, and you write any demand. Civil Code § 1708.8(a) makes a person liable for a physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another without permission, or otherwise commits a trespass, in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, and the invasion occurs in a manner that is offensive to a reasonable person. Section 1708.8(b) makes a person liable for a constructive invasion when the person attempts to capture such an impression, in a manner offensive to a reasonable person, through any device, regardless of physical trespass, if the capture could not have been achieved without a trespass unless the device was used. Section 1708.8(l) defines private, personal, and familial activity for the section, including what it does not include. You apply that definition. This section is not a general privacy tort. Section 1708.8(f)(1) provides that a later transmission or publication is not itself a violation unless, in the first transaction following the capture, the person publicly transmitted, published, broadcast, sold, or offered the impression for sale with actual knowledge that it was captured in violation, and provided compensation for the rights. Read subsection (f) before you treat a later publication as a violation. Subsection (d) states up to three times the general and special damages proximately caused, punitive damages subject to § 3294, disgorgement if a commercial purpose is proved, and a civil fine of not less than five thousand dollars and not more than fifty thousand dollars. Section 3294 was not opened. Do not restate it, and do not treat the fine as automatic. Subsection (m)(1) provides that a proceeding to recover the civil fines in (d) or (e) may be brought by a county counsel or a city attorney. Read subsection (g) before you apply the section to an investigator. Civil Code § 45 is the libel definition. It is not this section.

Written for / version

United States versionUS