[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4994 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4994

   To provide civil relief for victims of the disclosure of certain 
                intimate images, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2020

  Ms. Hassan (for herself, Mr. Hawley, and Mr. Tillis) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide civil relief for victims of the disclosure of certain 
                intimate images, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intimate Imagery and Privacy 
Protection Act of 2020''.

SEC. 2. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE IMAGES.

    (a) Definitions.--In this section:
            (1) Consent.--The term ``consent'' means, with respect to 
        an individual, an affirmative, conscious, and voluntary 
        authorization made by the individual free from force, fraud, 
        misrepresentation, or coercion of the depicted individual.
            (2) Commercial pornographic content.--The term ``commercial 
        pornographic content'' means any material that is subject to 
        the record keeping requirements under section 2257 of title 18, 
        United States Code.
            (3) Depicted individual.--The term ``depicted individual'' 
        means an individual whose body is disclosed in whole or in part 
        in an intimate image.
            (4) Disclose.--The term ``disclose'' means to transfer, 
        publish, distribute, or make accessible an intimate image.
            (5) Identifiable.--The term ``identifiable'' means 
        recognizable by an individual other than the depicted 
        individual from--
                    (A) the intimate image itself; or
                    (B) information or text displayed in connection 
                with the intimate image.
            (6) Intimate image.--The term ``intimate image''--
                    (A) means a photograph, film, video recording, or 
                digital recording that shows--
                            (i) the uncovered genitals, pubic area, 
                        anus, or female nipple of an individual;
                            (ii) the display or transfer of bodily 
                        sexual fluids on to any part of the body of an 
                        individual;
                            (iii) an individual engaging in sexually 
                        explicit conduct; or
                            (iv) an individual being subjected to 
                        sexually explicit conduct; and
                    (B) includes any image described in subparagraph 
                (A) captured or recorded while the depicted individual 
                was in a public place if--
                            (i) the depicted individual did not 
                        voluntarily display the content depicted in the 
                        image; or
                            (ii) the depicted individual did not 
                        consent to the sexual conduct depicted in the 
                        image.
            (7) Sexually explicit conduct.--The term ``sexually 
        explicit conduct'' has the meaning given the term in 
        subparagraphs (A) and (B) of section 2256(2) of title 18, 
        United States Code.
    (b) Civil Action.--
            (1) Right of action.--Except as provided in paragraph (4), 
        a depicted individual, or in the case of a depicted individual 
        who is a minor, the parent of the depicted individual, whose 
        intimate image is disclosed, in or through interstate or 
        foreign commerce or using a means of interstate or foreign 
        commerce (including the internet), without the consent of the 
        depicted individual, and such disclosure was made by a person 
        who acted knowingly without, or with reckless disregard for, 
        the consent of the depicted individual to such disclosure, may 
        bring a civil action against that person in an appropriate 
        district court of the United States for appropriate relief.
            (2) Consent.--For purposes of an action under paragraph 
        (1)--
                    (A) evidence that the depicted individual provided 
                consent to the capture or recording of the intimate 
                image shall not, by itself, constitute evidence that 
                the depicted individual provided consent to the 
                disclosure of the intimate image; and
                    (B) evidence that the depicted individual disclosed 
                the image to the person alleged to have violated 
                paragraph (1) shall not, by itself, constitute evidence 
                that the depicted individual provided consent to the 
                further disclosure of the intimate image.
            (3) Relief.--
                    (A) In general.--In a civil action filed under this 
                section--
                            (i) an individual may recover the actual 
                        damages sustained by the individual or 
                        liquidated damages in the amount of $150,000, 
                        and the cost of the action, including 
                        reasonable attorney's fees and other litigation 
                        costs reasonably incurred; and
                            (ii) the court may, in addition to any 
                        other relief available at law, order equitable 
                        relief, including a temporary restraining 
                        order, a preliminary injunction, or a permanent 
                        injunction ordering the defendant to cease 
                        display or disclosure of the image.
                    (B) Preservation of anonymity.--In ordering relief 
                under subparagraph (A), the court may grant injunctive 
                relief maintaining the confidentiality of a plaintiff 
                using a pseudonym.
            (4) Exceptions.--A depicted individual may not bring an 
        action for relief under this section relating to--
                    (A) an intimate image that is commercial 
                pornographic content unless--
                            (i) the content was produced by force, 
                        fraud, misrepresentation, or coercion of the 
                        depicted individual; and
                            (ii) the claim of force, fraud, 
                        misrepresentation, or coercion under clause (i) 
                        is demonstrated through a preponderance of 
                        evidence;
                    (B) a disclosure made in good faith--
                            (i) to a law enforcement officer or agency;
                            (ii) as part of a legal proceeding;
                            (iii) as part of medical education, 
                        diagnosis, or treatment; or
                            (iv) in the reporting or investigation of--
                                    (I) unlawful content; or
                                    (II) unsolicited or unwelcome 
                                conduct;
                    (C) a matter of public concern or public interest; 
                or
                    (D) a disclosure reasonably intended to assist the 
                depicted individual.
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