---
title: "List a land entry or a device capture in the file"
url: "https://ailawframework.com/practice/defamation-and-media-law/assess-a-claim-under-the-statutory-tort-for-serious-invasions-of-privacy/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A33-F20261018-6-US"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List a land entry or a device capture in the file

> 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.…

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/assess-a-claim-under-the-statutory-tort-for-serious-invasions-of-privacy/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Assess a claim under the statutory tort for serious invasions of privacy](https://ailawframework.com/practice/defamation-and-media-law/assess-a-claim-under-the-statutory-tort-for-serious-invasions-of-privacy.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 1708.8 is California. It is not a general privacy tort, and it is not another jurisdiction's statute on serious invasions of privacy.
- The dollar figures in § 1708.8(d) are not an award. You decide whether the person comes within the subdivision. Subsection (e) covers a person who directs, solicits, actually induces, or actually causes another to violate (a), (b), or (c).

## Sources

- [California Civil Code § 1708.8 (physical and constructive invasion of privacy)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.8) (checked 2026-10-22)
- [California Civil Code § 45 (libel defined)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=45) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Elements of a serious invasion of privacy](https://ailawframework.com/precedents/defamation-and-media-law/serious-invasion-of-privacy-elements.md) | Checklist | Red | A worksheet of the cause of action, defences, exemptions and time rules in Schedule 2 to the Privacy Act 1988 (Cth), for a claim the principal has not yet assessed. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*