Bill Text: IA HSB31 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act creating a civil remedy for the disclosure of private, sexually explicit images without consent of the depicted individual.(See HF 233.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-27 - Committee report approving bill, renumbered as HF 233. [HSB31 Detail]
Download: Iowa-2021-HSB31-Introduced.html
House
Study
Bill
31
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
creating
a
civil
remedy
for
the
disclosure
of
private,
1
sexually
explicit
images
without
consent
of
the
depicted
2
individual.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1403YC
(4)
89
cm/jh
H.F.
_____
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.
34
b.
Genital,
anal,
or
oral
sex.
35
-1-
LSB
1403YC
(4)
89
cm/jh
1/
7
H.F.
_____
c.
Sexual
penetration
of,
or
with,
an
object.
1
d.
Bestiality.
2
e.
The
transfer
of
semen
onto
a
depicted
individual.
3
Sec.
3.
NEW
SECTION
.
659A.3
Civil
action.
4
1.
As
used
in
this
section,
unless
the
context
otherwise
5
requires:
6
a.
“Harm”
includes
physical
harm,
economic
harm,
and
7
emotional
distress
whether
or
not
accompanied
by
physical
or
8
economic
harm.
9
b.
“Private”
means
any
of
the
following:
10
(1)
Created
or
obtained
under
circumstances
in
which
a
11
depicted
individual
had
a
reasonable
expectation
of
privacy.
12
(2)
Made
accessible
through
theft,
bribery,
extortion,
13
fraud,
false
pretenses,
voyeurism,
or
exceeding
authorized
14
access
to
an
account,
message,
file,
device,
resource,
or
15
property.
16
2.
Except
as
otherwise
provided
in
section
659A.4,
a
17
depicted
individual
who
is
identifiable
and
who
suffers
harm
18
from
a
person’s
intentional
disclosure
or
threatened
disclosure
19
of
an
intimate
image
that
was
private
without
the
depicted
20
individual’s
consent
has
a
cause
of
action
against
the
person
21
if
the
person
knew,
or
acted
with
reckless
disregard
regarding,
22
all
of
the
following:
23
a.
The
depicted
individual
did
not
consent
to
the
24
disclosure.
25
b.
The
intimate
image
was
private.
26
c.
The
depicted
individual
was
identifiable.
27
3.
The
following
conduct
by
a
depicted
individual
does
28
not
establish
by
itself
that
the
individual
consented
to
the
29
disclosure
of
the
intimate
image
which
is
the
subject
of
an
30
action
under
this
chapter
or
that
the
individual
lacked
a
31
reasonable
expectation
of
privacy:
32
a.
Consent
to
creation
of
the
image.
33
b.
Previous
consensual
disclosure
of
the
image.
34
4.
A
depicted
individual
who
does
not
consent
to
the
35
-2-
LSB
1403YC
(4)
89
cm/jh
2/
7
H.F.
_____
sexual
conduct
or
uncovering
of
the
part
of
the
body
depicted
1
in
an
intimate
image
of
the
individual
retains
a
reasonable
2
expectation
of
privacy
even
if
the
image
was
created
when
the
3
individual
was
in
a
public
place.
4
Sec.
4.
NEW
SECTION
.
659A.4
Exceptions
to
liability.
5
1.
As
used
in
this
section,
unless
the
context
otherwise
6
requires:
7
a.
“Child”
means
an
unemancipated
individual
who
is
less
8
than
eighteen
years
of
age.
9
b.
“Parent”
means
an
individual
recognized
as
a
parent
under
10
law
of
this
state
other
than
this
chapter.
11
2.
A
person
is
not
liable
under
this
chapter
if
the
person
12
proves
that
disclosure
of,
or
a
threat
to
disclose,
an
intimate
13
image
was
any
of
the
following:
14
a.
Made
in
good
faith
in
any
of
the
following
circumstances:
15
(1)
Law
enforcement.
16
(2)
A
legal
proceeding.
17
(3)
Medical
education
or
treatment.
18
b.
Made
in
good
faith
in
the
reporting
or
investigation
of
19
any
of
the
following:
20
(1)
Unlawful
conduct.
21
(2)
Unsolicited
and
unwelcome
conduct.
22
c.
Related
to
a
matter
of
public
concern
or
public
interest.
23
d.
Reasonably
intended
to
assist
the
depicted
individual.
24
3.
Subject
to
subsection
4,
a
defendant
who
is
a
person
25
responsible
for
the
care
of
a
child
as
defined
in
section
26
232.68
is
not
liable
under
this
chapter
for
a
disclosure
or
27
threatened
disclosure
of
an
intimate
image,
as
defined
in
28
section
659A.2,
subsection
7,
paragraph
“a”
,
of
the
child.
29
4.
If
a
defendant
asserts
an
exception
to
liability
under
30
subsection
3,
the
exception
does
not
apply
if
the
plaintiff
31
proves
the
disclosure
was
any
of
the
following:
32
a.
Prohibited
by
law
other
than
this
chapter.
33
b.
Made
for
the
purpose
of
sexual
arousal,
sexual
34
gratification,
humiliation,
degradation,
or
monetary
or
35
-3-
LSB
1403YC
(4)
89
cm/jh
3/
7
H.F.
_____
commercial
gain.
1
5.
Disclosure
of,
or
a
threat
to
disclose,
an
intimate
image
2
is
not
a
matter
of
public
concern
or
public
interest
solely
3
because
the
depicted
individual
is
a
public
figure.
4
Sec.
5.
NEW
SECTION
.
659A.5
Plaintiff’s
privacy.
5
In
an
action
under
this
chapter
all
of
the
following
are
6
true:
7
1.
The
court
may
exclude
or
redact
from
all
pleadings
and
8
documents
filed
in
the
action
other
identifying
characteristics
9
of
the
plaintiff
under
rule
of
civil
procedure
1.422.
10
2.
A
plaintiff
to
whom
subsection
1
applies
shall
file
with
11
the
court
and
serve
on
the
defendant
a
confidential
information
12
form
that
includes
the
excluded
or
redacted
plaintiff’s
name
13
and
other
identifying
characteristics.
14
3.
The
court
may
make
further
orders
as
necessary
to
protect
15
the
identity
and
privacy
of
a
plaintiff.
16
Sec.
6.
NEW
SECTION
.
659A.6
Remedies.
17
1.
In
an
action
under
this
chapter,
a
prevailing
plaintiff
18
may
recover
all
of
the
following:
19
a.
The
greater
of
the
following:
20
(1)
Economic
and
noneconomic
damages
proximately
caused
by
21
the
defendant’s
disclosure
or
threatened
disclosure,
including
22
damages
for
emotional
distress
whether
or
not
accompanied
by
23
other
damages.
24
(2)
Statutory
damages
not
to
exceed
ten
thousand
dollars
25
against
each
defendant
found
liable
under
this
chapter
for
all
26
disclosures
and
threatened
disclosures
by
the
defendant
of
27
which
the
plaintiff
knew
or
reasonably
should
have
known
when
28
filing
the
action
or
which
became
known
during
the
pendency
of
29
the
action.
In
determining
the
amount
of
statutory
damages
30
under
this
subparagraph,
consideration
shall
be
given
to
all
31
of
the
following:
32
(a)
The
age
of
the
parties
at
the
time
of
the
disclosure
or
33
threatened
disclosure.
34
(b)
The
number
of
disclosures
or
threatened
disclosures
35
-4-
LSB
1403YC
(4)
89
cm/jh
4/
7
H.F.
_____
made
by
the
defendant.
1
(c)
The
breadth
of
distribution
of
the
image
by
the
2
defendant.
3
(d)
Other
exacerbating
or
mitigating
factors.
4
b.
An
amount
equal
to
any
monetary
gain
made
by
the
5
defendant
from
disclosure
of
the
intimate
image.
6
c.
Punitive
damages
as
allowed
under
chapter
668A.
7
2.
In
an
action
under
this
chapter,
the
court
may
award
a
8
prevailing
plaintiff
all
of
the
following:
9
a.
Reasonable
attorney
fees
and
costs.
10
b.
Additional
relief,
including
injunctive
relief.
11
3.
This
chapter
does
not
affect
a
right
or
remedy
available
12
under
law
of
this
state
other
than
this
chapter.
13
Sec.
7.
NEW
SECTION
.
659A.7
Statute
of
limitations.
14
1.
An
action
under
section
659A.3,
subsection
2,
for:
15
a.
An
unauthorized
disclosure
shall
not
be
brought
later
16
than
four
years
from
the
date
the
disclosure
was
discovered
or
17
should
have
been
discovered
with
the
exercise
of
reasonable
18
diligence.
19
b.
A
threat
to
disclose
shall
not
be
brought
later
than
four
20
years
from
the
date
of
the
threat
to
disclose.
21
2.
This
section
is
subject
to
section
614.8.
22
Sec.
8.
NEW
SECTION
.
659A.8
Construction.
23
This
chapter
shall
be
construed
to
be
consistent
with
the
24
Communications
Decency
Act
of
1996,
47
U.S.C.
§230.
25
Sec.
9.
NEW
SECTION
.
659A.9
Uniformity
of
application
and
26
construction.
27
In
applying
and
construing
this
chapter,
consideration
shall
28
be
given
to
the
need
to
promote
uniformity
of
the
law
with
29
respect
to
its
subject
matter
among
states
that
enact
it.
30
Sec.
10.
Section
614.8,
subsection
2,
Code
2021,
is
amended
31
to
read
as
follows:
32
2.
Except
as
provided
in
section
614.1,
subsection
9
,
the
33
times
limited
for
actions
in
this
chapter
,
or
chapter
216
,
34
659A,
669
,
or
670
,
except
those
brought
for
penalties
and
35
-5-
LSB
1403YC
(4)
89
cm/jh
5/
7
H.F.
_____
forfeitures,
are
extended
in
favor
of
minors,
so
that
they
1
shall
have
one
year
from
and
after
attainment
of
majority
2
within
which
to
file
a
complaint
pursuant
to
chapter
216
,
to
3
make
a
claim
pursuant
to
chapter
669
,
or
to
otherwise
commence
4
an
action.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
enacts
the
uniform
civil
remedies
for
unauthorized
9
disclosure
of
intimate
images
Act,
which
creates
a
cause
of
10
action
for
the
disclosure
of
private,
sexually
explicit
images
11
without
consent.
12
The
bill
applies
only
to
sensitive
content
created
or
13
obtained
under
circumstances
in
which
the
individual
had
a
14
reasonable
expectation
of
privacy.
The
bill
includes
limited
15
exceptions
for
certain
disclosures,
including
those
made
in
16
the
course
of
law
enforcement,
legal
proceedings
or
education,
17
medical
treatment,
or
investigations
of
misconduct.
The
bill
18
also
includes
an
exception
for
disclosures
relating
to
matters
19
of
public
concern
or
public
interest
and
disclosures
reasonably
20
intended
to
assist
the
victim.
21
The
bill
notes
federal
statutory
limitations
on
the
22
liability
of
providers
and
users
of
interactive
computer
23
services
consistent
with
the
Communications
Decency
Act
of
24
1996,
47
U.S.C.
§230.
25
The
bill
does
not
impose
liability
on
a
discloser
who
lacks
26
the
requisite
awareness
of
any
of
these
elements:
(1)
that
the
27
image
was
created
or
obtained
under
circumstances
in
which
the
28
individual
had
a
reasonable
expectation
of
privacy
or
that
the
29
image
was
obtained
through
theft,
bribery,
false
pretenses,
30
voyeurism,
or
other
wrongful
acts,
(2)
that
the
individual
31
shown
in
the
image
did
not
consent
to
the
disclosure,
or
(3)
32
that
the
individual
shown
was
identifiable.
33
The
bill
protects
a
plaintiff’s
privacy
by
allowing
the
34
court
to
redact
or
exclude
identifying
characteristics
of
the
35
-6-
LSB
1403YC
(4)
89
cm/jh
6/
7
H.F.
_____
plaintiff
from
the
pleadings
or
documents
filed
in
the
action.
1
The
plaintiff
is
required
to
file
and
serve
the
defendant
with
2
a
confidential
information
form
that
includes
the
redacted
3
or
excluded
information.
The
court
is
also
allowed
to
make
4
further
orders
as
necessary
to
protect
the
plaintiff’s
identity
5
and
privacy.
6
The
bill
provides
civil
remedies
that
the
plaintiff
may
7
recover
including
the
greater
of
either
economic
or
noneconomic
8
damages
or
statutory
damages
not
to
exceed
$10,000,
an
amount
9
equal
to
any
monetary
gain
made
by
the
defendant
from
the
10
disclosure
of
the
intimate
image,
and
punitive
damages.
The
11
bill
also
provides
that
a
prevailing
plaintiff
may
be
awarded
12
reasonable
attorney
fees
and
costs
and
additional
relief.
13
The
bill
provides
for
a
statute
of
limitations
in
which
14
a
plaintiff
must
bring
a
cause
of
action
under
the
new
Code
15
chapter
or
otherwise
be
barred
from
doing
so,
but
tolls
the
16
statute
of
limitations
for
minors.
17
The
bill
only
provides
a
civil
remedy,
but
under
current
Code
18
section
709.21
similar
conduct
is
an
aggravated
misdemeanor.
19
-7-
LSB
1403YC
(4)
89
cm/jh
7/
7
