[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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