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ID H0406

Bill

Status

Introduced

5/5/2021

Primary Sponsor

Ways and Means Committee

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

HB 406 - Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act

  • Creates civil liability for intentional disclosure or threatened disclosure of private intimate images without consent when the person knew or acted with reckless disregard regarding lack of consent, privacy status, and identifiability of the depicted individual.

  • Defines "intimate image" as photographs, films, or videos showing uncovered genitals, pubic area, anus, female postpubescent nipples, or individuals engaged in sexual conduct.

  • Establishes exceptions to liability for good faith disclosures to law enforcement, in legal proceedings, for medical education/treatment, when reporting unlawful conduct, matters of public concern, or when reasonably assisting the depicted individual.

  • Provides prevailing plaintiffs with recovery options including the greater of actual damages or statutory damages up to $10,000 per defendant, monetary gains made by defendant, punitive damages, attorney's fees, costs, and injunctive relief.

  • Sets a 4-year statute of limitations from discovery of unauthorized disclosure or from date of threat, with tolling provisions and extended timelines for minors until they reach the age of majority.

Legislative Description

Adds to existing law to provide civil remedies for the unauthorized disclosure of intimate images.

UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES

Last Action

Reported Printed and Referred to Ways & Means

5/12/2021

Committee Referrals

Ways and Means5/12/2021

Full Bill Text

No bill text available