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AR HB1645
Bill
Status
3/23/2021
Primary Sponsor
Carol Dalby
Click for details
AI Summary
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Adds Chapter 129 to Arkansas Code Title 16 establishing civil remedies for unauthorized disclosure of intimate images without consent.
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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.
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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.
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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.
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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