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MS SB2617

Bill

Status

Failed

1/30/2018

Primary Sponsor

Sally Doty

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates civil liability for disclosing or promoting intimate visual material (depicting exposed intimate parts or sexual conduct) without consent if material was obtained with reasonable expectation of privacy, causes harm, and reveals the depicted person's identity.

  • Establishes criminal offense for intentionally disclosing intimate visual material without consent under the same conditions, with penalties of up to $4,000 fine and one year jail time.

  • Creates criminal offense for threatening to disclose intimate visual material to obtain a benefit or in connection with threatened disclosure.

  • Prevailing civil claimants may recover actual damages including mental anguish, court costs, reasonable attorney's fees, and potentially exemplary damages; courts may issue injunctions and award $1,000 per willful violation or $500 per non-willful violation.

  • Provides affirmative defenses for law enforcement, medical treatment, reporting unlawful activity, legal proceedings, and interactive computer services (like social media platforms) not responsible for third-party content; takes effect July 1, 2018.

Legislative Description

Intimate visual material; create civil and criminal liability for unlawful disclosure or promotion of.

Last Action

Died In Committee

1/30/2018

Committee Referrals

Judiciary, Division A1/15/2018

Full Bill Text

No bill text available