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House File 233 - ReprintedA 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, which means the same as “masturbate” as
35defined in section 709.9, subsection 2, paragraph “c”.
-1- 1b. Genital, anal, or oral sex.
2c. Sexual penetration of, or with, an object.
3d. Bestiality.
4e. The transfer of semen onto a depicted individual.
5 Sec. 3. NEW SECTION. 659A.3 Civil action.
61. As used in this section, unless the context otherwise
7requires:
8a. “Harm” includes physical harm, economic harm, and
9emotional distress whether or not accompanied by physical or
10economic harm.
11b. “Private” means any of the following:
12(1) Created or obtained under circumstances in which a
13depicted individual had a reasonable expectation of privacy.
14(2) Made accessible through theft, bribery, extortion,
15fraud, false pretenses, voyeurism, or exceeding authorized
16access to an account, message, file, device, resource, or
17property.
182. Except as otherwise provided in section 659A.4, a
19depicted individual who is identifiable and who suffers harm
20from a person’s intentional disclosure or threatened disclosure
21of an intimate image that was private without the depicted
22individual’s consent has a cause of action against the person
23if the person knew, or acted with reckless disregard regarding,
24all of the following:
25a. The depicted individual did not consent to the
26disclosure.
27b. The intimate image was private.
28c. The depicted individual was identifiable.
293. The following conduct by a depicted individual does
30not establish by itself that the individual consented to the
31disclosure of the intimate image which is the subject of an
32action under this chapter or that the individual lacked a
33reasonable expectation of privacy:
34a. Consent to creation of the image.
35b. Previous consensual disclosure of the image.
-2- 14. A depicted individual who does not consent to the
2sexual conduct or uncovering of the part of the body depicted
3in an intimate image of the individual retains a reasonable
4expectation of privacy even if the image was created when the
5individual was in a public place.
6 Sec. 4. NEW SECTION. 659A.4 Exceptions to liability.
71. As used in this section, unless the context otherwise
8requires:
9a. “Child” means an unemancipated individual who is less
10than eighteen years of age.
11b. “Parent” means an individual recognized as a parent under
12law of this state other than this chapter.
132. A person is not liable under this chapter if the person
14proves that disclosure of, or a threat to disclose, an intimate
15image was any of the following:
16a. Made in good faith in any of the following circumstances:
17(1) Law enforcement.
18(2) A legal proceeding.
19(3) Medical education or treatment.
20b. Made in good faith in the reporting or investigation of
21any of the following:
22(1) Unlawful conduct.
23(2) Unsolicited and unwelcome conduct.
24c. Related to a matter of public concern or public interest.
25d. Reasonably intended to assist the depicted individual.
263. Subject to subsection 4, a defendant who is a person
27responsible for the care of a child as defined in section
28232.68 is not liable under this chapter for a disclosure or
29threatened disclosure of an intimate image, as defined in
30section 659A.2, subsection 7, paragraph “a”, of the child.
314. If a defendant asserts an exception to liability under
32subsection 3, the exception does not apply if the plaintiff
33proves the disclosure was any of the following:
34a. Prohibited by law other than this chapter.
35b. Made for the purpose of sexual arousal, sexual
-3-1gratification, humiliation, degradation, or monetary or
2commercial gain.
35. Disclosure of, or a threat to disclose, an intimate image
4is not a matter of public concern or public interest solely
5because the depicted individual is a public figure.
6 Sec. 5. NEW SECTION. 659A.5 Plaintiff’s privacy.
7In an action under this chapter all of the following are
8true:
91. Identifying characteristics of the plaintiff shall be
10redacted from all pleadings and documents filed in the action
11under rule of civil procedure 1.422, without court order.
122. A plaintiff to whom subsection 1 applies shall file with
13the court and serve on the defendant a protected information
14form, pursuant to rule of electronic procedure 16.606, that
15includes the excluded or redacted plaintiff’s name and other
16identifying characteristics.
173. The court may make further orders as necessary to protect
18the identity and privacy of a plaintiff.
19 Sec. 6. NEW SECTION. 659A.6 Remedies.
201. In an action under this chapter, a prevailing plaintiff
21may recover all of the following:
22a. The greater of the following:
23(1) Economic and noneconomic damages proximately caused by
24the defendant’s disclosure or threatened disclosure, including
25damages for emotional distress whether or not accompanied by
26other damages.
27(2) Statutory damages not to exceed ten thousand dollars
28against each defendant found liable under this chapter for all
29disclosures and threatened disclosures by the defendant of
30which the plaintiff knew or reasonably should have known when
31filing the action or which became known during the pendency of
32the action. In determining the amount of statutory damages
33under this subparagraph, consideration shall be given to all
34of the following:
35(a) The age of the parties at the time of the disclosure or
-4-1threatened disclosure.
2(b) The number of disclosures or threatened disclosures
3made by the defendant.
4(c) The breadth of distribution of the image by the
5defendant.
6(d) Other exacerbating or mitigating factors.
7b. An amount equal to any monetary gain made by the
8defendant from disclosure of the intimate image.
9c. Punitive damages as allowed under chapter 668A.
102. In an action under this chapter, the court may award a
11prevailing plaintiff all of the following:
12a. Reasonable attorney fees and costs.
13b. Additional relief, including injunctive relief.
143. This chapter does not affect a right or remedy available
15under law of this state other than this chapter.
16 Sec. 7. NEW SECTION. 659A.7 Statute of limitations.
171. An action under section 659A.3, subsection 2, for:
18a. An unauthorized disclosure shall not be brought later
19than four years from the date the disclosure was discovered or
20should have been discovered with the exercise of reasonable
21diligence.
22b. A threat to disclose shall not be brought later than four
23years from the date of the threat to disclose.
242. This section is subject to section 614.8.
25 Sec. 8. NEW SECTION. 659A.8 Construction.
26This chapter shall be construed to be consistent with the
27Communications Decency Act of 1996, 47 U.S.C. §230.
28 Sec. 9. NEW SECTION. 659A.9 Uniformity of application and
29construction.
30In applying and construing this chapter, consideration shall
31be given to the need to promote uniformity of the law with
32respect to its subject matter among states that enact it.
33 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
34to read as follows:
352. Except as provided in section 614.1, subsection 9, the
-5-1times limited for actions in this chapter, or chapter 216,
2659A, 669, or 670, except those brought for penalties and
3forfeitures, are extended in favor of minors, so that they
4shall have one year from and after attainment of majority
5within which to file a complaint pursuant to chapter 216, to
6make a claim pursuant to chapter 669, or to otherwise commence
7an action.
cm/jh/md
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, which means the same as “masturbate” as
35defined in section 709.9, subsection 2, paragraph “c”.
-1- 1b. Genital, anal, or oral sex.
2c. Sexual penetration of, or with, an object.
3d. Bestiality.
4e. The transfer of semen onto a depicted individual.
5 Sec. 3. NEW SECTION. 659A.3 Civil action.
61. As used in this section, unless the context otherwise
7requires:
8a. “Harm” includes physical harm, economic harm, and
9emotional distress whether or not accompanied by physical or
10economic harm.
11b. “Private” means any of the following:
12(1) Created or obtained under circumstances in which a
13depicted individual had a reasonable expectation of privacy.
14(2) Made accessible through theft, bribery, extortion,
15fraud, false pretenses, voyeurism, or exceeding authorized
16access to an account, message, file, device, resource, or
17property.
182. Except as otherwise provided in section 659A.4, a
19depicted individual who is identifiable and who suffers harm
20from a person’s intentional disclosure or threatened disclosure
21of an intimate image that was private without the depicted
22individual’s consent has a cause of action against the person
23if the person knew, or acted with reckless disregard regarding,
24all of the following:
25a. The depicted individual did not consent to the
26disclosure.
27b. The intimate image was private.
28c. The depicted individual was identifiable.
293. The following conduct by a depicted individual does
30not establish by itself that the individual consented to the
31disclosure of the intimate image which is the subject of an
32action under this chapter or that the individual lacked a
33reasonable expectation of privacy:
34a. Consent to creation of the image.
35b. Previous consensual disclosure of the image.
-2- 14. A depicted individual who does not consent to the
2sexual conduct or uncovering of the part of the body depicted
3in an intimate image of the individual retains a reasonable
4expectation of privacy even if the image was created when the
5individual was in a public place.
6 Sec. 4. NEW SECTION. 659A.4 Exceptions to liability.
71. As used in this section, unless the context otherwise
8requires:
9a. “Child” means an unemancipated individual who is less
10than eighteen years of age.
11b. “Parent” means an individual recognized as a parent under
12law of this state other than this chapter.
132. A person is not liable under this chapter if the person
14proves that disclosure of, or a threat to disclose, an intimate
15image was any of the following:
16a. Made in good faith in any of the following circumstances:
17(1) Law enforcement.
18(2) A legal proceeding.
19(3) Medical education or treatment.
20b. Made in good faith in the reporting or investigation of
21any of the following:
22(1) Unlawful conduct.
23(2) Unsolicited and unwelcome conduct.
24c. Related to a matter of public concern or public interest.
25d. Reasonably intended to assist the depicted individual.
263. Subject to subsection 4, a defendant who is a person
27responsible for the care of a child as defined in section
28232.68 is not liable under this chapter for a disclosure or
29threatened disclosure of an intimate image, as defined in
30section 659A.2, subsection 7, paragraph “a”, of the child.
314. If a defendant asserts an exception to liability under
32subsection 3, the exception does not apply if the plaintiff
33proves the disclosure was any of the following:
34a. Prohibited by law other than this chapter.
35b. Made for the purpose of sexual arousal, sexual
-3-1gratification, humiliation, degradation, or monetary or
2commercial gain.
35. Disclosure of, or a threat to disclose, an intimate image
4is not a matter of public concern or public interest solely
5because the depicted individual is a public figure.
6 Sec. 5. NEW SECTION. 659A.5 Plaintiff’s privacy.
7In an action under this chapter all of the following are
8true:
91. Identifying characteristics of the plaintiff shall be
10redacted from all pleadings and documents filed in the action
11under rule of civil procedure 1.422, without court order.
122. A plaintiff to whom subsection 1 applies shall file with
13the court and serve on the defendant a protected information
14form, pursuant to rule of electronic procedure 16.606, that
15includes the excluded or redacted plaintiff’s name and other
16identifying characteristics.
173. The court may make further orders as necessary to protect
18the identity and privacy of a plaintiff.
19 Sec. 6. NEW SECTION. 659A.6 Remedies.
201. In an action under this chapter, a prevailing plaintiff
21may recover all of the following:
22a. The greater of the following:
23(1) Economic and noneconomic damages proximately caused by
24the defendant’s disclosure or threatened disclosure, including
25damages for emotional distress whether or not accompanied by
26other damages.
27(2) Statutory damages not to exceed ten thousand dollars
28against each defendant found liable under this chapter for all
29disclosures and threatened disclosures by the defendant of
30which the plaintiff knew or reasonably should have known when
31filing the action or which became known during the pendency of
32the action. In determining the amount of statutory damages
33under this subparagraph, consideration shall be given to all
34of the following:
35(a) The age of the parties at the time of the disclosure or
-4-1threatened disclosure.
2(b) The number of disclosures or threatened disclosures
3made by the defendant.
4(c) The breadth of distribution of the image by the
5defendant.
6(d) Other exacerbating or mitigating factors.
7b. An amount equal to any monetary gain made by the
8defendant from disclosure of the intimate image.
9c. Punitive damages as allowed under chapter 668A.
102. In an action under this chapter, the court may award a
11prevailing plaintiff all of the following:
12a. Reasonable attorney fees and costs.
13b. Additional relief, including injunctive relief.
143. This chapter does not affect a right or remedy available
15under law of this state other than this chapter.
16 Sec. 7. NEW SECTION. 659A.7 Statute of limitations.
171. An action under section 659A.3, subsection 2, for:
18a. An unauthorized disclosure shall not be brought later
19than four years from the date the disclosure was discovered or
20should have been discovered with the exercise of reasonable
21diligence.
22b. A threat to disclose shall not be brought later than four
23years from the date of the threat to disclose.
242. This section is subject to section 614.8.
25 Sec. 8. NEW SECTION. 659A.8 Construction.
26This chapter shall be construed to be consistent with the
27Communications Decency Act of 1996, 47 U.S.C. §230.
28 Sec. 9. NEW SECTION. 659A.9 Uniformity of application and
29construction.
30In applying and construing this chapter, consideration shall
31be given to the need to promote uniformity of the law with
32respect to its subject matter among states that enact it.
33 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
34to read as follows:
352. Except as provided in section 614.1, subsection 9, the
-5-1times limited for actions in this chapter, or chapter 216,
2659A, 669, or 670, except those brought for penalties and
3forfeitures, are extended in favor of minors, so that they
4shall have one year from and after attainment of majority
5within which to file a complaint pursuant to chapter 216, to
6make a claim pursuant to chapter 669, or to otherwise commence
7an action.
cm/jh/md