Bills › 89th General Assembly

HF 233Signed by Governor · April 30, 2021

Creating a civil remedy for the disclosure of private, sexually explicit images without consent of the depicted individual

Sponsored by the House Judiciary Committee

Topics:Civil rightsCourts & civil law

Same legislation: HSB 31, SSB 1053, SF 324

Where it is now

  1. Done: IntroducedJanuary 13, 2021
  2. Done: SubcommitteeJanuary 13, 2021
  3. Done: House committeeJanuary 25, 2021
  4. Done: Passes the HouseFebruary 8, 2021
  5. Done: Senate committeeFebruary 10, 2021
  6. Done: Passes the SenateApril 7, 202144–0
  7. Done: To the GovernorApril 30, 2021
  8. Done: Signed into lawApril 30, 2021

Signed into law What’s a funnel?

What’s in it

AI summary People who share private, sexually explicit images of someone without their permission can now be sued in court. This law allows victims to ask for money to cover their losses or to punish the person who shared the photos. To protect the victim's identity, the court can keep their personal information private during the legal process.1

Read the official explanation

This bill enacts the uniform civil remedies for unauthorized disclosure of intimate images Act, which creates a cause of action for the disclosure of private, sexually explicit images without consent. The bill applies only to sensitive content created or obtained under circumstances in which the individual had a reasonable expectation of privacy. The bill includes limited exceptions for certain disclosures, including those made in the course of law enforcement, legal proceedings or education, medical treatment, or investigations of misconduct. The bill also includes an exception for disclosures relating to matters of public concern or public interest and disclosures reasonably intended to assist the victim. §230. The bill does not impose liability on a discloser who lacks the requisite awareness of any of these elements: (1) that the image was created or obtained under circumstances in which the individual had a reasonable expectation of privacy or that the image was obtained through theft, bribery, false pretenses, voyeurism, or other wrongful acts, (2) that the individual shown in the image did not consent to the disclosure, or (3) that the individual shown was identifiable. The bill protects a plaintiff’s privacy by allowing the court to redact or exclude identifying characteristics of the plaintiff from the pleadings or documents filed in the action. The plaintiff is required to file and serve the defendant with a confidential information form that includes the redacted or excluded information. The court is also allowed to make further orders as necessary to protect the plaintiff’s identity and privacy. The bill provides civil remedies that the plaintiff may recover including the greater of either economic or noneconomic damages or statutory damages not to exceed $10,000, an amount equal to any monetary gain made by the defendant from the disclosure of the intimate image, and punitive damages. The bill also provides that a prevailing plaintiff may be awarded reasonable attorney fees and costs and additional relief. The bill provides for a statute of limitations in which a plaintiff must bring a cause of action under the new Code chapter or otherwise be barred from doing so, but tolls the statute of limitations for minors.21 similar conduct is an aggravated misdemeanor.

Changed since by amendments S-3023, H-1032, H-1028; see Amendments.

Full bill text · What changed before it passed2

House subcommittee

Named January 13, 2021 (as HSB 31). On January 19, 2021 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§659A.1§659A.2§659A.3§659A.4§659A.5§659A.6§659A.7§659A.8§659A.9

Amends§614.8

How the Code works3

Lobbying

8 for · 1 against · 9 undecided · Who →

Family tree