CYBER FLASHING, DIC PICS, AND SEXUAL HARASSMENT IN CALIFORNIA.
If you received a “Dic Pic” from a coworker or supervisor at work, California laws are available to punish the sender. The California Civil Code allows the recipient of unsolicited obscene materials to sue the lawsuit for all economic and noneconomic damages caused by receipt of the image. The type of materials covered by the law include images depicting a person engaging in an act of sexual intercourse, masturbation, exposed genitals, etc., which lacks serious literary, artistic, political, or scientific value. A plaintiff may choose to recover the actual harm caused, or statutory damages of not less than $1,500 but no more than $30,000. Additionally, a punitive damages and attorney’s fees and costs may also be awarded to the plaintiff. But the law does not apply in several instances, such as to internet services providers, mobile carriers, and a person who has not opted out of receiving such materials where such an option was available.
Not only do such facts support a claim for Cyber Flashing (as a type of invasion of privacy), but also a sexual harassment claim. The transmission of such obscene materials often takes place in sexual harassment cases in the workplace. At the Law Office of Eric A. Boyajian, we regularly litigate sexual harassment cases. If you have been subjected to sexual harassment, and/or received unsolicited obscene materials, give us a call for a free evaluation.