1810. Distribution of Private Sexually Explicit Materials--Essential Factual Elements (Civ. Code, � 1708.85) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] violated [his/her] right to privacy. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] intentionally distributed by [specify means, e.g., posting online] [a] [photograph(s)/film(s)/videotape(s)/recording(s)/[specify other reproduction]] of [name of plaintiff]; That [name of plaintiff] did not consent to the distribution of the [specify, e.g., photographs]; That [name of defendant] knew that [name of plaintiff] had a reasonable expectation that the [e.g., photographs] would remain private; That the [e.g., photographs] [exposed an intimate body part of [name of plaintiff]/ [or] showed [name of plaintiff] engaging in an act of [intercourse/oral copulation/sodomy/ [or] [specify other act of sexual penetration]]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. 6. [An "intimate body part" is any part of the genitals[, and, in the case of a female, also includes any portion of the breast below the top of the areola,] that is uncovered or visible through less than fully opaque clothing.] _________________________________________________________________________________________________ New December 2015