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

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.