H.F. 233 Section 1. NEW SECTION . 659A.1 Short title. 1 This chapter may be cited as the “Uniform Civil Remedies for 2 Unauthorized Disclosure of Intimate Images Act”. 3 Sec. 2. NEW SECTION . 659A.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Consent” means affirmative, conscious, and voluntary 7 authorization by an individual with legal capacity to give 8 authorization. 9 2. “Depicted individual” means an individual whose body is 10 shown in whole or in part in an intimate image. 11 3. “Disclosure” means transfer, publication, or distribution 12 to another person. “Disclose” has a corresponding meaning. 13 4. “Identifiable” means recognizable by a person other than 14 the depicted individual from any of the following: 15 a. An intimate image itself. 16 b. An intimate image and identifying characteristic 17 displayed in connection with the intimate image. 18 5. “Identifying characteristic” means information that may 19 be used to identify a depicted individual. 20 6. “Individual” means a human being. 21 7. “Intimate image” means a photograph, film, video 22 recording, or other similar medium that shows any of the 23 following: 24 a. The uncovered genitals, pubic area, anus, or female 25 post-pubescent nipple of a depicted individual. 26 b. A depicted individual engaging in or being subjected to 27 sexual conduct. 28 8. “Person” means an individual, estate, business 29 or nonprofit entity, public corporation, government or 30 governmental subdivision, agency, or instrumentality, or other 31 legal entity. 32 9. “Sexual conduct” includes all of the following: 33 a. Masturbation, which means the same as “masturbate” as 34 defined in section 709.9, subsection 2, paragraph “c” . 35 -1- HF 233 (2) 89 cm/jh/md 1/ 6

H.F. 233 b. Genital, anal, or oral sex. 1 c. Sexual penetration of, or with, an object. 2 d. Bestiality. 3 e. The transfer of semen onto a depicted individual. 4 Sec. 3. NEW SECTION . 659A.3 Civil action. 5 1. As used in this section, unless the context otherwise 6 requires: 7 a. “Harm” includes physical harm, economic harm, and 8 emotional distress whether or not accompanied by physical or 9 economic harm. 10 b. “Private” means any of the following: 11 (1) Created or obtained under circumstances in which a 12 depicted individual had a reasonable expectation of privacy. 13 (2) Made accessible through theft, bribery, extortion, 14 fraud, false pretenses, voyeurism, or exceeding authorized 15 access to an account, message, file, device, resource, or 16 property. 17 2. Except as otherwise provided in section 659A.4, a 18 depicted individual who is identifiable and who suffers harm 19 from a person’s intentional disclosure or threatened disclosure 20 of an intimate image that was private without the depicted 21 individual’s consent has a cause of action against the person 22 if the person knew, or acted with reckless disregard regarding, 23 all of the following: 24 a. The depicted individual did not consent to the 25 disclosure. 26 b. The intimate image was private. 27 c. The depicted individual was identifiable. 28 3. The following conduct by a depicted individual does 29 not establish by itself that the individual consented to the 30 disclosure of the intimate image which is the subject of an 31 action under this chapter or that the individual lacked a 32 reasonable expectation of privacy: 33 a. Consent to creation of the image. 34 b. Previous consensual disclosure of the image. 35 -2- HF 233 (2) 89 cm/jh/md 2/ 6

H.F. 233 4. A depicted individual who does not consent to the 1 sexual conduct or uncovering of the part of the body depicted 2 in an intimate image of the individual retains a reasonable 3 expectation of privacy even if the image was created when the 4 individual was in a public place. 5 Sec. 4. NEW SECTION . 659A.4 Exceptions to liability. 6 1. As used in this section, unless the context otherwise 7 requires: 8 a. “Child” means an unemancipated individual who is less 9 than eighteen years of age. 10 b. “Parent” means an individual recognized as a parent under 11 law of this state other than this chapter. 12 2. A person is not liable under this chapter if the person 13 proves that disclosure of, or a threat to disclose, an intimate 14 image was any of the following: 15 a. Made in good faith in any of the following circumstances: 16 (1) Law enforcement. 17 (2) A legal proceeding. 18 (3) Medical education or treatment. 19 b. Made in good faith in the reporting or investigation of 20 any of the following: 21 (1) Unlawful conduct. 22 (2) Unsolicited and unwelcome conduct. 23 c. Related to a matter of public concern or public interest. 24 d. Reasonably intended to assist the depicted individual. 25 3. Subject to subsection 4, a defendant who is a person 26 responsible for the care of a child as defined in section 27 232.68 is not liable under this chapter for a disclosure or 28 threatened disclosure of an intimate image, as defined in 29 section 659A.2, subsection 7, paragraph “a” , of the child. 30 4. If a defendant asserts an exception to liability under 31 subsection 3, the exception does not apply if the plaintiff 32 proves the disclosure was any of the following: 33 a. Prohibited by law other than this chapter. 34 b. Made for the purpose of sexual arousal, sexual 35 -3- HF 233 (2) 89 cm/jh/md 3/ 6

H.F. 233 gratification, humiliation, degradation, or monetary or 1 commercial gain. 2 5. Disclosure of, or a threat to disclose, an intimate image 3 is not a matter of public concern or public interest solely 4 because the depicted individual is a public figure. 5 Sec. 5. NEW SECTION . 659A.5 Plaintiff’s privacy. 6 In an action under this chapter all of the following are 7 true: 8 1. Identifying characteristics of the plaintiff shall be 9 redacted from all pleadings and documents filed in the action 10 under rule of civil procedure 1.422, without court order. 11 2. A plaintiff to whom subsection 1 applies shall file with 12 the court and serve on the defendant a protected information 13 form, pursuant to rule of electronic procedure 16.606, that 14 includes the excluded or redacted plaintiff’s name and other 15 identifying characteristics. 16 3. The court may make further orders as necessary to protect 17 the identity and privacy of a plaintiff. 18 Sec. 6. NEW SECTION . 659A.6 Remedies. 19 1. In an action under this chapter, a prevailing plaintiff 20 may recover all of the following: 21 a. The greater of the following: 22 (1) Economic and noneconomic damages proximately caused by 23 the defendant’s disclosure or threatened disclosure, including 24 damages for emotional distress whether or not accompanied by 25 other damages. 26 (2) Statutory damages not to exceed ten thousand dollars 27 against each defendant found liable under this chapter for all 28 disclosures and threatened disclosures by the defendant of 29 which the plaintiff knew or reasonably should have known when 30 filing the action or which became known during the pendency of 31 the action. In determining the amount of statutory damages 32 under this subparagraph, consideration shall be given to all 33 of the following: 34 (a) The age of the parties at the time of the disclosure or 35 -4- HF 233 (2) 89 cm/jh/md 4/ 6

H.F. 233 threatened disclosure. 1 (b) The number of disclosures or threatened disclosures 2 made by the defendant. 3 (c) The breadth of distribution of the image by the 4 defendant. 5 (d) Other exacerbating or mitigating factors. 6 b. An amount equal to any monetary gain made by the 7 defendant from disclosure of the intimate image. 8 c. Punitive damages as allowed under chapter 668A. 9 2. In an action under this chapter, the court may award a 10 prevailing plaintiff all of the following: 11 a. Reasonable attorney fees and costs. 12 b. Additional relief, including injunctive relief. 13 3. This chapter does not affect a right or remedy available 14 under law of this state other than this chapter. 15 Sec. 7. NEW SECTION . 659A.7 Statute of limitations. 16 1. An action under section 659A.3, subsection 2, for: 17 a. An unauthorized disclosure shall not be brought later 18 than four years from the date the disclosure was discovered or 19 should have been discovered with the exercise of reasonable 20 diligence. 21 b. A threat to disclose shall not be brought later than four 22 years from the date of the threat to disclose. 23 2. This section is subject to section 614.8. 24 Sec. 8. NEW SECTION . 659A.8 Construction. 25 This chapter shall be construed to be consistent with the 26 Communications Decency Act of 1996, 47 U.S.C. §230. 27 Sec. 9. NEW SECTION . 659A.9 Uniformity of application and 28 construction. 29 In applying and construing this chapter, consideration shall 30 be given to the need to promote uniformity of the law with 31 respect to its subject matter among states that enact it. 32 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. Except as provided in section 614.1, subsection 9 , the 35 -5- HF 233 (2) 89 cm/jh/md 5/ 6

H.F. 233 times limited for actions in this chapter , or chapter 216 , 1 659A, 669 , or 670 , except those brought for penalties and 2 forfeitures, are extended in favor of minors, so that they 3 shall have one year from and after attainment of majority 4 within which to file a complaint pursuant to chapter 216 , to 5 make a claim pursuant to chapter 669 , or to otherwise commence 6 an action. 7 -6- HF 233 (2) 89 cm/jh/md 6/ 6