HB1912 Summary

• Expands liability standard by allowing civil action if depicted individual "reasonably expects to suffer actual harm" (not just suffers harm) from intentional or threatened dissemination of private sexual images without consent.

• Prohibits interactive computer services from disseminating or threatening to disseminate private sexual images provided by others, with penalties of at least $1,000 per day for failure to remove images upon request from those holding intellectual property rights.

• Establishes that individuals depicted in private sexual images have intellectual property rights and joint interests (if multiple people depicted) in determining licensing, sale, transmission, profit, and access terms; agreements to eliminate these rights must be in writing to be enforceable.

• Increases statutory damages minimum from "not to exceed $10,000" to "at least $500 per occurrence" with 50% reduction if defendant voluntarily removes images or fails to proceed with threatened dissemination; restricts punitive damages to cases of extraordinary/willful/wanton behavior or litigation misconduct.

• Clarifies statute of limitations for threatened disseminations (2 years from when threat is made to depicted individual or threat recipient) and allows parents/guardians to bring actions on behalf of minor children at any time without waiting for majority age.