Bills › 89th General Assembly

SF 324Withdrawn · HF 233 became law instead · April 7, 2021

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

Sponsored by the Senate Judiciary Committee

Topics:Courts & civil lawTechnology & privacy

Same legislation: HSB 31, SSB 1053, HF 233

Where it is now

  1. Done: IntroducedJanuary 19, 2021
  2. Done: SubcommitteeJanuary 19, 2021
  3. Done: Senate committeeFebruary 10, 2021
  4. Done: Passes the SenateApril 7, 202144–0
  5. Skipped: House committeeSkipped
  6. Done: Passes the HouseFebruary 8, 2021
  7. Done: To the GovernorApril 30, 2021
  8. Done: Signed into lawApril 30, 2021

HF 233 became law → The same legislation passed as HF 233, so this version was set aside. Go to HF 233 What’s a funnel?

What’s in it

AI summary People can sue others in court for sharing private, sexually explicit images of them without their permission. This law applies to sensitive content that was created or taken in a private setting. If someone is found responsible, the victim may be able to collect money for their losses or damages.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 requiring the court to redact 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 protected information form that includes the redacted or excluded information. 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

Senate subcommittee

Named January 19, 2021 (as SSB 1053). On January 27, 2021 it recommended amendment and 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 →

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