SB 1507

Abstract

Creates the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Defines terms. Provides that a depicted individual who is identifiable and who suffers harm from a person's intentional dissemination or threatened dissemination of a private sexual image without the depicted individual's consent has a cause of action under specified circumstances. Provides that a person is not liable under the Act if the person proves that the dissemination of, or a threat to disseminate, a private sexual image was made in good faith in certain cases. Provides that a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the Act for a dissemination or threatened dissemination of intimate private sexual image of the child. Provides that the dissemination of, or a threat to disseminate, a private sexual image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Provides that, in an action under the Act, a plaintiff may use a pseudonym or the court may exclude or redact the plaintiff's name and other identifying characteristics from all pleadings and documents filed. Provides remedies. Provides that an action for a nonconsensual dissemination may not be brought later than 4 years from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence. Provides that for an action for a threat to disseminate may not be brought later than 4 years from the date of the threat to disseminate. Provides that an action brought depicting an individual who was a minor on the date of the dissemination or threat to disseminate, the 4-year limitation is tolled until the depicted individual attains the age of majority. Provides that if any provision of the Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. Senate Floor Amendment No. 1 Provides that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Senate Floor Amendment No. 2 Corrects a typographical error. Deletes language providing that the statutory damages a prevailing plaintiff may recover may not exceed $10,000. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Changes the definitions of: "dissemination" or "disseminate"; "private"; "person"; "sexual activity"; and "private sexual image". Requires the depicted individual in a sexual image to be identifiable by a reasonable person. Requires the person disseminating the private image to be over the age of 18. Deletes language providing that a depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in a sexual image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place. Deletes language providing that a person is not liable if the person proves that the dissemination of or threat to disseminate a sexual image was reasonably intended to assist the depicted individual. Provides that if a plaintiff is granted privacy protections, a defendant may file a motion with the court to receive the same privacy protections. Provides that statutory damages shall not exceed $10,000. Provides that an action for a nonconsensual dissemination may not be brought later than 2 years (instead of 4 years) from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence. Makes other changes. House Floor Amendment No. 2 Provides that a threat to disseminate may not be brought later than 2 years (rather than 4 years) from the date of the threat to disseminate.