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Senate Study Bill 1053 - IntroducedA Bill ForAn Act 1creating a civil remedy for the disclosure of private,
2sexually explicit images without consent of the depicted
3individual.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 659A.1 Short title.
2This chapter may be cited as the “Uniform Civil Remedies for
3Unauthorized Disclosure of Intimate Images Act”.
4 Sec. 2. NEW SECTION. 659A.2 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Consent” means affirmative, conscious, and voluntary
8authorization by an individual with legal capacity to give
9authorization.
102. “Depicted individual” means an individual whose body is
11shown in whole or in part in an intimate image.
123. “Disclosure” means transfer, publication, or distribution
13to another person. “Disclose” has a corresponding meaning.
144. “Identifiable” means recognizable by a person other than
15the depicted individual from any of the following:
16a. An intimate image itself.
17b. An intimate image and identifying characteristic
18displayed in connection with the intimate image.
195. “Identifying characteristic” means information that may
20be used to identify a depicted individual.
216. “Individual” means a human being.
227. “Intimate image” means a photograph, film, video
23recording, or other similar medium that shows any of the
24following:
25a. The uncovered genitals, pubic area, anus, or female
26post-pubescent nipple of a depicted individual.
27b. A depicted individual engaging in or being subjected to
28sexual conduct.
298. “Person” means an individual, estate, business
30or nonprofit entity, public corporation, government or
31governmental subdivision, agency, or instrumentality, or other
32legal entity.
339. “Sexual conduct” includes all of the following:
34a. Masturbation.
35b. Genital, anal, or oral sex.
-1- 1c. Sexual penetration of, or with, an object.
2d. Bestiality.
3e. The transfer of semen onto a depicted individual.
4 Sec. 3. NEW SECTION. 659A.3 Civil action.
51. As used in this section, unless the context otherwise
6requires:
7a. “Harm” includes physical harm, economic harm, and
8emotional distress whether or not accompanied by physical or
9economic harm.
10b. “Private” means any of the following:
11(1) Created or obtained under circumstances in which a
12depicted individual had a reasonable expectation of privacy.
13(2) Made accessible through theft, bribery, extortion,
14fraud, false pretenses, voyeurism, or exceeding authorized
15access to an account, message, file, device, resource, or
16property.
172. Except as otherwise provided in section 659A.4, a
18depicted individual who is identifiable and who suffers harm
19from a person’s intentional disclosure or threatened disclosure
20of an intimate image that was private without the depicted
21individual’s consent has a cause of action against the person
22if the person knew, or acted with reckless disregard regarding,
23all of the following:
24a. The depicted individual did not consent to the
25disclosure.
26b. The intimate image was private.
27c. The depicted individual was identifiable.
283. The following conduct by a depicted individual does
29not establish by itself that the individual consented to the
30disclosure of the intimate image which is the subject of an
31action under this chapter or that the individual lacked a
32reasonable expectation of privacy:
33a. Consent to creation of the image.
34b. Previous consensual disclosure of the image.
354. A depicted individual who does not consent to the
-2-1sexual conduct or uncovering of the part of the body depicted
2in an intimate image of the individual retains a reasonable
3expectation of privacy even if the image was created when the
4individual was in a public place.
5 Sec. 4. NEW SECTION. 659A.4 Exceptions to liability.
61. As used in this section, unless the context otherwise
7requires:
8a. “Child” means an unemancipated individual who is less
9than eighteen years of age.
10b. “Parent” means an individual recognized as a parent under
11law of this state other than this chapter.
122. A person is not liable under this chapter if the person
13proves that disclosure of, or a threat to disclose, an intimate
14image was any of the following:
15a. 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.
19b. Made in good faith in the reporting or investigation of
20any of the following:
21(1) Unlawful conduct.
22(2) Unsolicited and unwelcome conduct.
23c. Related to a matter of public concern or public interest.
24d. Reasonably intended to assist the depicted individual.
253. Subject to subsection 4, a defendant who is a person
26responsible for the care of a child as defined in section
27232.68 is not liable under this chapter for a disclosure or
28threatened disclosure of an intimate image, as defined in
29section 659A.2, subsection 7, paragraph “a”, of the child.
304. If a defendant asserts an exception to liability under
31subsection 3, the exception does not apply if the plaintiff
32proves the disclosure was any of the following:
33a. Prohibited by law other than this chapter.
34b. Made for the purpose of sexual arousal, sexual
35gratification, humiliation, degradation, or monetary or
-3-1commercial gain.
25. Disclosure of, or a threat to disclose, an intimate image
3is not a matter of public concern or public interest solely
4because the depicted individual is a public figure.
5 Sec. 5. NEW SECTION. 659A.5 Plaintiff’s privacy.
6In an action under this chapter all of the following are
7true:
81. The court may exclude or redact from all pleadings and
9documents filed in the action other identifying characteristics
10of the plaintiff under rule of civil procedure 1.422.
112. A plaintiff to whom subsection 1 applies shall file with
12the court and serve on the defendant a confidential information
13form that includes the excluded or redacted plaintiff’s name
14and other identifying characteristics.
153. The court may make further orders as necessary to protect
16the identity and privacy of a plaintiff.
17 Sec. 6. NEW SECTION. 659A.6 Remedies.
181. In an action under this chapter, a prevailing plaintiff
19may recover all of the following:
20a. The greater of the following:
21(1) Economic and noneconomic damages proximately caused by
22the defendant’s disclosure or threatened disclosure, including
23damages for emotional distress whether or not accompanied by
24other damages.
25(2) Statutory damages not to exceed ten thousand dollars
26against each defendant found liable under this chapter for all
27disclosures and threatened disclosures by the defendant of
28which the plaintiff knew or reasonably should have known when
29filing the action or which became known during the pendency of
30the action. In determining the amount of statutory damages
31under this subparagraph, consideration shall be given to all
32of the following:
33(a) The age of the parties at the time of the disclosure or
34threatened disclosure.
35(b) The number of disclosures or threatened disclosures
-4-1made by the defendant.
2(c) The breadth of distribution of the image by the
3defendant.
4(d) Other exacerbating or mitigating factors.
5b. An amount equal to any monetary gain made by the
6defendant from disclosure of the intimate image.
7c. Punitive damages as allowed under chapter 668A.
82. In an action under this chapter, the court may award a
9prevailing plaintiff all of the following:
10a. Reasonable attorney fees and costs.
11b. Additional relief, including injunctive relief.
123. This chapter does not affect a right or remedy available
13under law of this state other than this chapter.
14 Sec. 7. NEW SECTION. 659A.7 Statute of limitations.
151. An action under section 659A.3, subsection 2, for:
16a. An unauthorized disclosure shall not be brought later
17than four years from the date the disclosure was discovered or
18should have been discovered with the exercise of reasonable
19diligence.
20b. A threat to disclose shall not be brought later than four
21years from the date of the threat to disclose.
222. This section is subject to section 614.8.
23 Sec. 8. NEW SECTION. 659A.8 Construction.
24This chapter shall be construed to be consistent with the
25Communications Decency Act of 1996, 47 U.S.C. §230.
26 Sec. 9. NEW SECTION. 659A.9 Uniformity of application and
27construction.
28In applying and construing this chapter, consideration shall
29be given to the need to promote uniformity of the law with
30respect to its subject matter among states that enact it.
31 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
32to read as follows:
332. Except as provided in section 614.1, subsection 9, the
34times limited for actions in this chapter, or chapter 216,
35659A, 669, or 670, except those brought for penalties and
-5-1forfeitures, are extended in favor of minors, so that they
2shall have one year from and after attainment of majority
3within which to file a complaint pursuant to chapter 216, to
4make a claim pursuant to chapter 669, or to otherwise commence
5an action.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill enacts the uniform civil remedies for unauthorized
10disclosure of intimate images Act, which creates a cause of
11action for the disclosure of private, sexually explicit images
12without consent.
13The bill applies only to sensitive content created or
14obtained under circumstances in which the individual had a
15reasonable expectation of privacy. The bill includes limited
16exceptions for certain disclosures, including those made in
17the course of law enforcement, legal proceedings or education,
18medical treatment, or investigations of misconduct. The bill
19also includes an exception for disclosures relating to matters
20of public concern or public interest and disclosures reasonably
21intended to assist the victim.
22The bill notes federal statutory limitations on the
23liability of providers and users of interactive computer
24services consistent with the Communications Decency Act of
251996, 47 U.S.C. §230.
26The bill does not impose liability on a discloser who lacks
27the requisite awareness of any of these elements: (1) that the
28image was created or obtained under circumstances in which the
29individual had a reasonable expectation of privacy or that the
30image was obtained through theft, bribery, false pretenses,
31voyeurism, or other wrongful acts, (2) that the individual
32shown in the image did not consent to the disclosure, or (3)
33that the individual shown was identifiable.
34The bill protects a plaintiff’s privacy by allowing the
35court to redact or exclude identifying characteristics of the
-6-1plaintiff from the pleadings or documents filed in the action.
2The plaintiff is required to file and serve the defendant with
3a confidential information form that includes the redacted
4or excluded information. The court is also allowed to make
5further orders as necessary to protect the plaintiff’s identity
6and privacy.
7The bill provides civil remedies that the plaintiff may
8recover including the greater of either economic or noneconomic
9damages or statutory damages not to exceed $10,000, an amount
10equal to any monetary gain made by the defendant from the
11disclosure of the intimate image, and punitive damages. The
12bill also provides that a prevailing plaintiff may be awarded
13reasonable attorney fees and costs and additional relief.
14The bill provides for a statute of limitations in which
15a plaintiff must bring a cause of action under the new Code
16chapter or otherwise be barred from doing so, but tolls the
17statute of limitations for minors.
18The bill only provides a civil remedy, but under current Code
19section 709.21 similar conduct is an aggravated misdemeanor.
-7-cm/jh
2sexually explicit images without consent of the depicted
3individual.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 659A.1 Short title.
2This chapter may be cited as the “Uniform Civil Remedies for
3Unauthorized Disclosure of Intimate Images Act”.
4 Sec. 2. NEW SECTION. 659A.2 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Consent” means affirmative, conscious, and voluntary
8authorization by an individual with legal capacity to give
9authorization.
102. “Depicted individual” means an individual whose body is
11shown in whole or in part in an intimate image.
123. “Disclosure” means transfer, publication, or distribution
13to another person. “Disclose” has a corresponding meaning.
144. “Identifiable” means recognizable by a person other than
15the depicted individual from any of the following:
16a. An intimate image itself.
17b. An intimate image and identifying characteristic
18displayed in connection with the intimate image.
195. “Identifying characteristic” means information that may
20be used to identify a depicted individual.
216. “Individual” means a human being.
227. “Intimate image” means a photograph, film, video
23recording, or other similar medium that shows any of the
24following:
25a. The uncovered genitals, pubic area, anus, or female
26post-pubescent nipple of a depicted individual.
27b. A depicted individual engaging in or being subjected to
28sexual conduct.
298. “Person” means an individual, estate, business
30or nonprofit entity, public corporation, government or
31governmental subdivision, agency, or instrumentality, or other
32legal entity.
339. “Sexual conduct” includes all of the following:
34a. Masturbation.
35b. Genital, anal, or oral sex.
-1- 1c. Sexual penetration of, or with, an object.
2d. Bestiality.
3e. The transfer of semen onto a depicted individual.
4 Sec. 3. NEW SECTION. 659A.3 Civil action.
51. As used in this section, unless the context otherwise
6requires:
7a. “Harm” includes physical harm, economic harm, and
8emotional distress whether or not accompanied by physical or
9economic harm.
10b. “Private” means any of the following:
11(1) Created or obtained under circumstances in which a
12depicted individual had a reasonable expectation of privacy.
13(2) Made accessible through theft, bribery, extortion,
14fraud, false pretenses, voyeurism, or exceeding authorized
15access to an account, message, file, device, resource, or
16property.
172. Except as otherwise provided in section 659A.4, a
18depicted individual who is identifiable and who suffers harm
19from a person’s intentional disclosure or threatened disclosure
20of an intimate image that was private without the depicted
21individual’s consent has a cause of action against the person
22if the person knew, or acted with reckless disregard regarding,
23all of the following:
24a. The depicted individual did not consent to the
25disclosure.
26b. The intimate image was private.
27c. The depicted individual was identifiable.
283. The following conduct by a depicted individual does
29not establish by itself that the individual consented to the
30disclosure of the intimate image which is the subject of an
31action under this chapter or that the individual lacked a
32reasonable expectation of privacy:
33a. Consent to creation of the image.
34b. Previous consensual disclosure of the image.
354. A depicted individual who does not consent to the
-2-1sexual conduct or uncovering of the part of the body depicted
2in an intimate image of the individual retains a reasonable
3expectation of privacy even if the image was created when the
4individual was in a public place.
5 Sec. 4. NEW SECTION. 659A.4 Exceptions to liability.
61. As used in this section, unless the context otherwise
7requires:
8a. “Child” means an unemancipated individual who is less
9than eighteen years of age.
10b. “Parent” means an individual recognized as a parent under
11law of this state other than this chapter.
122. A person is not liable under this chapter if the person
13proves that disclosure of, or a threat to disclose, an intimate
14image was any of the following:
15a. 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.
19b. Made in good faith in the reporting or investigation of
20any of the following:
21(1) Unlawful conduct.
22(2) Unsolicited and unwelcome conduct.
23c. Related to a matter of public concern or public interest.
24d. Reasonably intended to assist the depicted individual.
253. Subject to subsection 4, a defendant who is a person
26responsible for the care of a child as defined in section
27232.68 is not liable under this chapter for a disclosure or
28threatened disclosure of an intimate image, as defined in
29section 659A.2, subsection 7, paragraph “a”, of the child.
304. If a defendant asserts an exception to liability under
31subsection 3, the exception does not apply if the plaintiff
32proves the disclosure was any of the following:
33a. Prohibited by law other than this chapter.
34b. Made for the purpose of sexual arousal, sexual
35gratification, humiliation, degradation, or monetary or
-3-1commercial gain.
25. Disclosure of, or a threat to disclose, an intimate image
3is not a matter of public concern or public interest solely
4because the depicted individual is a public figure.
5 Sec. 5. NEW SECTION. 659A.5 Plaintiff’s privacy.
6In an action under this chapter all of the following are
7true:
81. The court may exclude or redact from all pleadings and
9documents filed in the action other identifying characteristics
10of the plaintiff under rule of civil procedure 1.422.
112. A plaintiff to whom subsection 1 applies shall file with
12the court and serve on the defendant a confidential information
13form that includes the excluded or redacted plaintiff’s name
14and other identifying characteristics.
153. The court may make further orders as necessary to protect
16the identity and privacy of a plaintiff.
17 Sec. 6. NEW SECTION. 659A.6 Remedies.
181. In an action under this chapter, a prevailing plaintiff
19may recover all of the following:
20a. The greater of the following:
21(1) Economic and noneconomic damages proximately caused by
22the defendant’s disclosure or threatened disclosure, including
23damages for emotional distress whether or not accompanied by
24other damages.
25(2) Statutory damages not to exceed ten thousand dollars
26against each defendant found liable under this chapter for all
27disclosures and threatened disclosures by the defendant of
28which the plaintiff knew or reasonably should have known when
29filing the action or which became known during the pendency of
30the action. In determining the amount of statutory damages
31under this subparagraph, consideration shall be given to all
32of the following:
33(a) The age of the parties at the time of the disclosure or
34threatened disclosure.
35(b) The number of disclosures or threatened disclosures
-4-1made by the defendant.
2(c) The breadth of distribution of the image by the
3defendant.
4(d) Other exacerbating or mitigating factors.
5b. An amount equal to any monetary gain made by the
6defendant from disclosure of the intimate image.
7c. Punitive damages as allowed under chapter 668A.
82. In an action under this chapter, the court may award a
9prevailing plaintiff all of the following:
10a. Reasonable attorney fees and costs.
11b. Additional relief, including injunctive relief.
123. This chapter does not affect a right or remedy available
13under law of this state other than this chapter.
14 Sec. 7. NEW SECTION. 659A.7 Statute of limitations.
151. An action under section 659A.3, subsection 2, for:
16a. An unauthorized disclosure shall not be brought later
17than four years from the date the disclosure was discovered or
18should have been discovered with the exercise of reasonable
19diligence.
20b. A threat to disclose shall not be brought later than four
21years from the date of the threat to disclose.
222. This section is subject to section 614.8.
23 Sec. 8. NEW SECTION. 659A.8 Construction.
24This chapter shall be construed to be consistent with the
25Communications Decency Act of 1996, 47 U.S.C. §230.
26 Sec. 9. NEW SECTION. 659A.9 Uniformity of application and
27construction.
28In applying and construing this chapter, consideration shall
29be given to the need to promote uniformity of the law with
30respect to its subject matter among states that enact it.
31 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
32to read as follows:
332. Except as provided in section 614.1, subsection 9, the
34times limited for actions in this chapter, or chapter 216,
35659A, 669, or 670, except those brought for penalties and
-5-1forfeitures, are extended in favor of minors, so that they
2shall have one year from and after attainment of majority
3within which to file a complaint pursuant to chapter 216, to
4make a claim pursuant to chapter 669, or to otherwise commence
5an action.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill enacts the uniform civil remedies for unauthorized
10disclosure of intimate images Act, which creates a cause of
11action for the disclosure of private, sexually explicit images
12without consent.
13The bill applies only to sensitive content created or
14obtained under circumstances in which the individual had a
15reasonable expectation of privacy. The bill includes limited
16exceptions for certain disclosures, including those made in
17the course of law enforcement, legal proceedings or education,
18medical treatment, or investigations of misconduct. The bill
19also includes an exception for disclosures relating to matters
20of public concern or public interest and disclosures reasonably
21intended to assist the victim.
22The bill notes federal statutory limitations on the
23liability of providers and users of interactive computer
24services consistent with the Communications Decency Act of
251996, 47 U.S.C. §230.
26The bill does not impose liability on a discloser who lacks
27the requisite awareness of any of these elements: (1) that the
28image was created or obtained under circumstances in which the
29individual had a reasonable expectation of privacy or that the
30image was obtained through theft, bribery, false pretenses,
31voyeurism, or other wrongful acts, (2) that the individual
32shown in the image did not consent to the disclosure, or (3)
33that the individual shown was identifiable.
34The bill protects a plaintiff’s privacy by allowing the
35court to redact or exclude identifying characteristics of the
-6-1plaintiff from the pleadings or documents filed in the action.
2The plaintiff is required to file and serve the defendant with
3a confidential information form that includes the redacted
4or excluded information. The court is also allowed to make
5further orders as necessary to protect the plaintiff’s identity
6and privacy.
7The bill provides civil remedies that the plaintiff may
8recover including the greater of either economic or noneconomic
9damages or statutory damages not to exceed $10,000, an amount
10equal to any monetary gain made by the defendant from the
11disclosure of the intimate image, and punitive damages. The
12bill also provides that a prevailing plaintiff may be awarded
13reasonable attorney fees and costs and additional relief.
14The bill provides for a statute of limitations in which
15a plaintiff must bring a cause of action under the new Code
16chapter or otherwise be barred from doing so, but tolls the
17statute of limitations for minors.
18The bill only provides a civil remedy, but under current Code
19section 709.21 similar conduct is an aggravated misdemeanor.
-7-cm/jh