Amended  IN  Senate  March 23, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 1111

Introduced by Senator Ashby

February 17, 2026

An act to amend Section 7044 of the Business and Professions Code, relating to professions and vocations. Section 3344 of the Civil Code, and to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to digital replicas.


LEGISLATIVE COUNSEL'S DIGEST


SB 1111, as amended, Ashby. Contractors. Digital replicas.
Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee’s photograph or likeness.
This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, defined to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. The bill would also remove the provisions establishing the rebuttable presumption when an employee’s likeness or photograph appears in an advertisement or other publication.
Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified.
This bill would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions.

Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, as defined. Existing law excludes certain persons from licensure and regulation pursuant to the Contractors State License Law, including, among others, an owner who builds or improves a structure on their property if specified conditions are met.

This bill would make nonsubstantive changes to the provision described above that excludes certain persons from licensure and regulation pursuant to the Contractors State License Law.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3344 of the Civil Code is amended to read:

3344.
 (a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.
(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure that requires the respondent to remove, recall, or otherwise cease the publication or distribution of the petitioner’s name, voice, signature, photograph, or likeness, the respondent shall complete the removal or recall, or cease the publication or distribution, within two business days from the day the order is served, unless otherwise required by the order.
(b) As used in this section, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.
(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.

(c)Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee’s photograph or likeness.

(d)

(c) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).

(e)

(d) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).

(f)

(e) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that those owners or employees had knowledge of the unauthorized use of the person’s name, voice, signature, photograph, or likeness as prohibited by this section.
(f) For the purposes of this section, a voice or likeness includes a digital replica, as defined in Section 3344.1.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

SEC. 2.

 Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:
CHAPTER  9. Offense Involving the Use of Artificial Intelligence Technology

540.
 (a) For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, false impersonation includes the use of a digital replica with the intent to impersonate another.
(b) For purposes of this section, “digital replica” has the same meaning as in Section 3344.1 of the Civil Code.

SECTION 1.Section 7044 of the Business and Professions Code is amended to read:
7044.

(a)This chapter does not apply to any of the following:

(1)An owner who builds or improves a structure on their property, if both of the following conditions are met:

(A)None of the improvements are intended or offered for sale.

(B)The property owner personally performs all of the work or any work not performed by the owner is performed by the owner’s employees with wages as their sole compensation.

(2)An owner who builds or improves a structure on their property, if both of the following conditions are met:

(A)The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.

(B)For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.

(3)A homeowner improving their principal place of residence or appurtenances thereto, provided that all of the following conditions exist:

(A)The work is performed before sale.

(B)The homeowner has actually resided in the residence for the 12 months before completion of the work.

(C)The homeowner has not availed themselves of the exemption in this paragraph on more than two structures more than once during any three-year period.

(4)A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code.

(b)In all actions brought under this chapter, both of the following shall apply:

(1)Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.

(2)Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale.