Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1823 3
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By: Representative Duffield 5
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For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE DISRUPT EXPLICIT FORGED 9
IMAGES AND NONCONSENSUAL EDITS ACT OF 2025; TO 10
CLARIFY THE RIGHTS FOR AN INDIVIDUAL AFFECTED BY 11
NONCONSENSUAL ACTIVITIES INVOLVING INTIMATE DIGITAL 12
FORGERIES; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO ESTABLISH THE DISRUPT EXPLICIT FORGED 17
IMAGES AND NONCONSENSUAL EDITS ACT OF 18
2025; AND TO CLARIFY THE RIGHTS FOR AN 19
INDIVIDUAL AFFECTED BY NONCONSENSUAL 20
ACTIVITIES INVOLVING INTIMATE DIGITAL 21
FORGERIES. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code Title 4, is amended to add an additional 26
chapter to read as follows: 27
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CHAPTER 120 29
DISRUPT EXPLICIT FORGED IMAGES AND NONCONSENSUAL EDITS ACT OF 2025 30
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4-120-101. Title. 32
This chapter shall be known and may be cited as the "Disrupt Explicit 33
Forged Images and Nonconsensual Edits Act of 2025". 34
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4-120-102. Definitions. 36 HB1823
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As used in this chapter: 1
(1) "Commercial pornographic content" means any material that is 2
subject to the record keeping requirements under 18 U.S.C. § 2257, as it 3
existed on January 1, 2025; 4
(2) "Consent" means an affirmative, conscious, competent, and 5
voluntary authorization made by an individual free from force, fraud, 6
misrepresentation, or coercion; 7
(3) "Digital forgery" means an intimate visual depiction of an 8
identifiable individual created through the use of software, machine 9
learning, artificial intelligence, or any other computer -generated or 10
technological means, including without limitation by adapting, modifying, 11
manipulating, or altering an authentic visual depiction, to appear to a 12
reasonable person to be indistinguishable from an authentic visual depiction 13
of the individual, regardless of whether the visual depiction indicates, 14
through a label or some other form of information published with the visual 15
depiction, that the visual depiction is not authentic; 16
(4) "Disclose" means to transfer, publish, distribute, or make 17
accessible; 18
(5) "Identifiable individual" means an individual whose body 19
appears in whole or in part in an intimate visual depiction and who is 20
identifiable by virtue of the person’s face, likeness, or other 21
distinguishing characteristic, such as a unique birthmark or other 22
recognizable feature, or from information displayed in connection with the 23
intimate visual depiction; 24
(6) "Intimate visual depiction" means a visual depiction, as 25
that term is defined in 18 U.S.C. § 2256(5), as it existed on January 1, 26
2025, that: 27
(A) Depicts: 28
(i) The uncovered genitals, pubic area, anus, or 29
postpubescent female nipple of an identifiable individual; 30
(ii) The display or transfer of bodily sexual 31
fluids: 32
(a) On to any part of the body of an 33
identifiable individual; or 34
(b) From the body of an identifiable 35
individual; or 36 HB1823
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(iii) An identifiable individual engaging in 1
sexually explicit conduct; and 2
(B) Includes any intimate visual depictions described 3
under subdivision (6)(A) of this section produced while the identifiable 4
individual was in a public place only if the individual did not: 5
(i) Voluntarily display the content depicted; or 6
(ii) Consent to the sexually explicit conduct 7
depicted; and 8
(7) "Sexually explicit conduct" means the same as defined in 9
subparagraphs (A) and (B) of 18 U.S.C. § 2256(2), as it existed on January 1, 10
2025. 11
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4-120-103. Right of action — Rights on behalf of certain individuals. 13
(a) Except as provided in § 4 -120-106, an identifiable individual: 14
(1) Whose intimate visual depiction is disclosed, in such a way 15
to affect interstate or foreign commerce or using any means or facility of 16
interstate or foreign commerce, without the consent of the identifiable 17
individual, where the disclosure was made by a person who knowingly or 18
recklessly disregards that the identifiable individual has not consented to 19
the disclosure, may bring a civil action against that person in an 20
appropriate district court of the State of Arkansas for relief under § 4 -120-21
105; 22
(2) Who is the subject of a digital forgery may bring a civil 23
action in an appropriate district court of the State of Arkansas for relief 24
under § 4-120-105 against any person that knowingly produced or possessed the 25
digital forgery with intent to disclose it, or knowingly disclosed or 26
solicited the digital forgery, if the: 27
(A) Identifiable individual did not consent to the 28
production, disclosure, solicitation, or possession; 29
(B) Person knowingly or recklessly disregarded that the 30
identifiable individual did not consent to the production, disclosure, 31
solicitation, or possession; and 32
(C) Production, disclosure, solicitation, or possession 33
affects interstate or foreign commerce or uses any means or facility of 34
interstate or foreign commerce; and 35
(3) Who is the subject of a digital forgery may bring a civil 36 HB1823
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action in an appropriate district court of the State of Arkansas for relief 1
under § 4-120-105 against any person that knowingly produced the digital 2
forgery if the: 3
(A) Identifiable individual did not consent to the 4
production; 5
(B) Person knowingly or recklessly disregarded that the 6
identifiable individual did not consent to the production; and 7
(C) Production affects interstate or foreign commerce or 8
uses any means or facility of interstate or foreign commerce. 9
(b)(1) If an identifiable individual is under eighteen (18) years of 10
age, incompetent, incapacitated, or deceased, then the legal guardian of the 11
identifiable individual or representative of the identifiable individual’s 12
estate, another family member, or any other person appointed by the court as 13
a suitable representative may assume the identifiable individual's rights 14
under this chapter. 15
(2) The defendant shall not be named as the representative or 16
guardian under subdivision (b)(1) of this section. 17
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4-120-104. Consent. 19
For purposes of a civil action under § 4 -120-103(a), the fact that the 20
identifiable individual: 21
(1) Consented to the creation of the intimate visual depiction 22
or digital forgery shall not establish that the person consented to its 23
disclosure, solicitation, or possession; and 24
(2) Disclosed the intimate visual depiction or digital forgery 25
to someone else shall not establish that the person consented to the further 26
disclosure, solicitation, or possession of the intimate visual depiction or 27
digital forgery by the person alleged to have violated § 4 -120-103. 28
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4-120-105. Relief — Preservation of privacy. 30
(a) In a civil action filed under this chapter: 31
(1) An identifiable individual may recover: 32
(A) The actual damages sustained by the defendant or 33
liquidated damages in the amount of one hundred fifty thousand dollars 34
($150,000); and 35
(B) The cost of the action, including reasonable 36 HB1823
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attorney’s fees and other litigation costs reasonably incurred; and 1
(2) The court may, in addition to any other relief available at 2
law, order equitable relief, including without limitation a temporary 3
restraining order, a preliminary injunction, or a permanent injunction 4
ordering the defendant, including third parties, to cease displaying or 5
disclosing of the intimate visual depiction or digital forgery of the 6
identifiable individual or plaintiff. 7
(b) In a civil action filed under this chapter, the court may issue an 8
order to protect the privacy of a plaintiff, including without limitation by: 9
(1) Permitting the plaintiff to use a pseudonym; 10
(2) Requiring the parties to redact the personal identifying 11
information of the plaintiff from any public filing or to file the documents 12
under seal; and 13
(3) Issuing a protective order for purposes of discovery, which 14
may include an order indicating that any intimate visual depiction or digital 15
forgery shall remain in the care, custody, and control of the court. 16
17
4-120-106. Exceptions. 18
An identifiable individual may not bring an action for relief under 19
this chapter relating to: 20
(1) An intimate visual depiction or digital forgery that is 21
commercial pornographic content, unless that content was produced by force, 22
fraud, misrepresentation, or coercion of the identifiable individual; 23
(2) A disclosure made in good faith: 24
(A) To a law enforcement officer or agency; 25
(B) As part of a legal proceeding; 26
(C) As part of medical education, diagnosis, or treatment; 27
or 28
(D) In the reporting or investigation of: 29
(i) Unlawful content; or 30
(ii) Unsolicited or unwelcome conduct; 31
(3) A matter of public concern or public interest; or 32
(4) A disclosure reasonably intended to assist the identifiable 33
individual. 34
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4-120-107. Statute of limitations. 36 HB1823
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Any action commenced under this chapter shall be barred unless the 1
complaint is filed not later than ten (10) years from the later of: 2
(1) The date on which the identifiable individual reasonably 3
discovers the violation that forms the basis for the claim; or 4
(2) The date on which the identifiable individual reaches 5
eighteen (18) years of age. 6
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4-120-108. Duplicative recovery barred. 8
Relief shall not be ordered under § 4 -120-105 against a person who is 9
subject to a judgment under 18 U.S.C. § 2255, as it existed on January 1, 10
2025, for the same conduct involving the same identifiable individual and the 11
same intimate visual depiction or digital forgery. 12
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