California’s Cyber Flash Law: What It Is and Who It Protects

In recent years, a new kind of harassment has become increasingly common: unsolicited, explicit images sent electronically without consent. Known as cyber flashing, this digital form of indecent exposure is more than just a nuisance. It’s a violation of privacy, an emotional disruption, and can cause immediate and lasting harm.

In response, California created laws to protect victims of this type of harassment. In 2022, the state passed a civil law that gives victims the right to sue anyone who sends them an unsolicited obscene image. The law went into effect on January 1, 2023, and it’s now one of the strongest tools available to hold perpetrators of cyber flashing accountable.

Where Did The Cyber Flash Law Come From?

Cyber flashing became more common as smartphones, messaging apps, and features like AirDrop made it easier to send images to strangers with little accountability. In public spaces like airports, subways, or even just walking down the street, people began reporting sudden, unsolicited photos of pornographic content landing on their phones. Often, the senders were anonymous or difficult to trace.

Although California had laws addressing harassment, indecent exposure, and emotional distress, there was no civil statute that directly addressed this kind of digital abuse. That changed with the passage of California Civil Code section 1708.88, often referred to as the Flash Act.

The law was drafted to fill a gap: it gives people who receive unsolicited, obscene images a right to sue the sender in civil court. It was signed into law with strong bipartisan support and backed by organizations that support online safety, including some major tech firms.

What Does the Flash Act Protect?

The Flash Act protects individuals from unsolicited electronic images that contain obscene content. Under the law:

• The sender must be 18 or older
• The image must be sent without the recipient’s consent
• The content must meet the legal definition of obscene

So, if someone sends you a sexually explicit photo or video without asking first, they may have broken the law and you may have grounds to sue them for damages.

The law applies to images sent via text, email, dating apps, social media direct messages, AirDrop, and other file-sharing methods.

The law is aimed at individual senders, not platforms. That means you can’t sue Instagram or Apple for content someone else sent through their apps. The person who hit “send” is responsible, not the tool they used.

Why Is the Flash Act Important?

This law matters because it gives victims a clear legal path to respond to a form of harassment that used to fall between the cracks. Before this law, someone who was cyber flashed might try to pursue a general harassment or emotional distress claim, but those can be expensive to litigate, and it is sometimes hard to put a dollar value on your damages. The Flash Act provides automatic statutory damages based on the severity of the claim, ranging from $1,500 to $30,000 per incident.

Now, there is legal protection for this exact behavior, and a floor has been established for the minimum damages payable for each incident. This clarity helps victims, lawyers, and courts take the issue seriously.

It also recognizes that under California law, abuse doesn’t have to be physical or in-person to be real. Just because the harm comes through a screen doesn’t make it less valid or less damaging.

The Flash Act also empowers people who might have stayed silent. Whether the image came from a stranger on a dating app or a supervisor at work, victims now have a straightforward way to fight back.

Do You Have a Cyber Flashing Case?

Not every offensive message or image qualifies as a cyber flashing case under California law. To know if you might have a claim under Civil Code section 1708.88, ask these questions:

• Was the image or video obscene? The content must be sexually explicit in a way that would be considered offensive by reasonable community standards. Nudity, sexual acts, or graphic depictions usually meet this bar. Mildly suggestive content may not.
• Did you consent to receiving it? The law only applies if the image was unsolicited. If the communication was part of a mutual exchange, such as consensual texting, it’s unlikely to be actionable.
• Is the sender over 18? The law applies only to adult senders. If a minor sent the image, other laws might apply, but not this one.
• Can the sender be identified? You don’t need to know their full name, but you must be able to identify the individual behind the message. Screenshots, user profiles, phone numbers, or email addresses can help prove who sent the image. There are also sometimes more technical ways to identify someone who sent a particular message.

If the answer to these questions is yes, you may have a case under the Flash Act.

However, even if your case doesn’t qualify under this statute, other legal options may exist. There are strong protections for victims where the behavior occurred at work, in school, or in a landlord-tenant situation. It’s always best to consult an experienced employment lawyer to learn your rights.

What Kind of Damages Are Available in the Cyber Flash Laws?

Under Civil Code section 1708.88, victims of cyber flashing can recover:

1. Statutory damages. Victims are entitled to damages ranging from $1,500 to $30,000 per incident. You don’t have to prove emotional distress or financial harm to get this amount. These damages are built into the law.
2. Actual damages. If the cyber flashing caused real, measurable harm such as therapy costs or lost work time, you can recover those expenses.
3. Punitive damages. If the sender acted with clear malice or repeated the behavior despite warnings, the court may award punitive damages to punish the conduct and deter others.
4. Attorney’s fees. If you win your case, the court may order the sender to pay your legal fees.
5. Injunctive relief. A judge can also order the sender to stop contacting you or to take other actions to prevent further harassment.

This range of remedies makes the law practical for victims. Even if the incident lasted only seconds, and even if the sender was a stranger, the law recognizes the harm and offers meaningful compensation.

Protecting Your Privacy in a Cyber Flash Case?

Many people are hesitant to sue because they don’t want their name or story made public. The law accounts for this. California allows victims in cyber flashing cases to use a pseudonym, such as “Jane Doe,” and request court orders to seal identifying information. This makes it easier to pursue justice without risking further exposure or embarrassment.

A law firm familiar with these cases can handle these filings on your behalf to protect your privacy from day one.

Taking Action in a Cyber Flash Case …

Cyber flashing is not a joke, and it’s not harmless. It’s a form of sexual harassment that invades personal space and causes real emotional harm. With California’s Flash Act now in effect, victims no longer have to ignore it or hope it stops. Instead, they have a clear legal path forward.

If you’ve received an unsolicited obscene image and don’t know what to do, the first step is simple: save the evidence and talk to a lawyer. A screenshot, a message log, or an AirDrop notification might be all you need to begin holding someone accountable.

At Yousefian Law, we understand the emotional toll this kind of abuse can take. We work with clients privately and professionally to assess their options and take appropriate legal action, whether through the Flash Act or other legal tools.

If you believe you may have a cyber flashing case, we’re here to help you figure out the next step.

Call us today at (818) 275-1529 for a confidential consultation.