Intimate Digital Depictions Criminal & Civil Actions

The bill creates a cause of action against a person who discloses or threatens to disclose a realistic visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

• Did not consent to the disclosure;
• Would experience severe emotional distress due to the disclosure or threatened disclosure; and
• Was identifiable.

The bill provides an exception to civil liability if the disclosure is made in good faith under various circumstances or is related to a matter of public concern.

A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction.

The bill updates the definition of "sexually exploitative material" in the context of the criminal law punishing sexual exploitation of a child to include realistic computer-generated digital depictions that are obscene.

The bill changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent:

• With the intent to harass, intimidate, or coerce the depicted individual, or with the intent to obtain a pecuniary benefit; or
• Knowing, or under circumstances when the person reasonably should have known, that the disclosure or threatened disclosure would cause physical, emotional, reputational, or economic harm to the depicted individual.

Disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that it is a class 6 felony if the person made the disclosure and the disclosure:

• Affected the conduct of an administrative, legislative, or judicial proceeding of a governmental agency, including the administration of an election; or
• Posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat.
  (Note: This summary applies to this bill as introduced.)