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AR HB1645

Bill

Status

Passed

3/23/2021

Primary Sponsor

Carol Dalby

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Adds Chapter 129 to Arkansas Code Title 16 establishing civil remedies for unauthorized disclosure of intimate images without consent.

  • Creates a cause of action for identifiable individuals harmed by intentional disclosure of private intimate images when the defendant knew or acted with reckless disregard regarding lack of consent, privacy status, and identifiability.

  • Provides exceptions to liability for disclosures made in good faith in law enforcement, legal proceedings, medical contexts, investigations of unlawful conduct, or matters of public concern, but exceptions do not apply if disclosure was for sexual arousal, gratification, humiliation, degradation, or commercial gain.

  • Allows prevailing plaintiffs to recover the greater of actual damages or statutory damages up to $10,000 per defendant, plus any monetary gains made by the defendant, punitive damages, attorney's fees, and injunctive relief.

  • Establishes a four-year statute of limitations from discovery of the disclosure, with extended tolling for minors until they reach age of majority.

Legislative Description

To Adopt The Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act.

Last Action

Notification that HB1645 is now Act 420

3/23/2021

Committee Referrals

Judiciary3/15/2021
Judiciary3/4/2021

Full Bill Text

No bill text available