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Arkansas House Bill HB1823

Arkansas 2025 Regular Session

Arkansas House Bill HB1823 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *ANS408* 03/18/2025 10:15:56 AM ANS408
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1823 3
66 4
77 By: Representative Duffield 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO ESTABLISH THE DISRUPT EXPLICIT FORGED 9
1212 IMAGES AND NONCONSENSUAL EDITS ACT OF 2025; TO 10
1313 CLARIFY THE RIGHTS FOR AN INDIVIDUAL AFFECTED BY 11
1414 NONCONSENSUAL ACTIVITIES INVOLVING INTIMATE DIGITAL 12
1515 FORGERIES; AND FOR OTHER PURPOSES. 13
1616 14
1717 15
1818 Subtitle 16
1919 TO ESTABLISH THE DISRUPT EXPLICIT FORGED 17
2020 IMAGES AND NONCONSENSUAL EDITS ACT OF 18
2121 2025; AND TO CLARIFY THE RIGHTS FOR AN 19
2222 INDIVIDUAL AFFECTED BY NONCONSENSUAL 20
2323 ACTIVITIES INVOLVING INTIMATE DIGITAL 21
2424 FORGERIES. 22
2525 23
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2727 25
2828 SECTION 1. Arkansas Code Title 4, is amended to add an additional 26
2929 chapter to read as follows: 27
3030 28
3131 CHAPTER 120 29
3232 DISRUPT EXPLICIT FORGED IMAGES AND NONCONSENSUAL EDITS ACT OF 2025 30
3333 31
3434 4-120-101. Title. 32
3535 This chapter shall be known and may be cited as the "Disrupt Explicit 33
3636 Forged Images and Nonconsensual Edits Act of 2025". 34
3737 35
3838 4-120-102. Definitions. 36 HB1823
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4141 As used in this chapter: 1
4242 (1) "Commercial pornographic content" means any material that is 2
4343 subject to the record keeping requirements under 18 U.S.C. § 2257, as it 3
4444 existed on January 1, 2025; 4
4545 (2) "Consent" means an affirmative, conscious, competent, and 5
4646 voluntary authorization made by an individual free from force, fraud, 6
4747 misrepresentation, or coercion; 7
4848 (3) "Digital forgery" means an intimate visual depiction of an 8
4949 identifiable individual created through the use of software, machine 9
5050 learning, artificial intelligence, or any other computer -generated or 10
5151 technological means, including without limitation by adapting, modifying, 11
5252 manipulating, or altering an authentic visual depiction, to appear to a 12
5353 reasonable person to be indistinguishable from an authentic visual depiction 13
5454 of the individual, regardless of whether the visual depiction indicates, 14
5555 through a label or some other form of information published with the visual 15
5656 depiction, that the visual depiction is not authentic; 16
5757 (4) "Disclose" means to transfer, publish, distribute, or make 17
5858 accessible; 18
5959 (5) "Identifiable individual" means an individual whose body 19
6060 appears in whole or in part in an intimate visual depiction and who is 20
6161 identifiable by virtue of the person’s face, likeness, or other 21
6262 distinguishing characteristic, such as a unique birthmark or other 22
6363 recognizable feature, or from information displayed in connection with the 23
6464 intimate visual depiction; 24
6565 (6) "Intimate visual depiction" means a visual depiction, as 25
6666 that term is defined in 18 U.S.C. § 2256(5), as it existed on January 1, 26
6767 2025, that: 27
6868 (A) Depicts: 28
6969 (i) The uncovered genitals, pubic area, anus, or 29
7070 postpubescent female nipple of an identifiable individual; 30
7171 (ii) The display or transfer of bodily sexual 31
7272 fluids: 32
7373 (a) On to any part of the body of an 33
7474 identifiable individual; or 34
7575 (b) From the body of an identifiable 35
7676 individual; or 36 HB1823
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7979 (iii) An identifiable individual engaging in 1
8080 sexually explicit conduct; and 2
8181 (B) Includes any intimate visual depictions described 3
8282 under subdivision (6)(A) of this section produced while the identifiable 4
8383 individual was in a public place only if the individual did not: 5
8484 (i) Voluntarily display the content depicted; or 6
8585 (ii) Consent to the sexually explicit conduct 7
8686 depicted; and 8
8787 (7) "Sexually explicit conduct" means the same as defined in 9
8888 subparagraphs (A) and (B) of 18 U.S.C. § 2256(2), as it existed on January 1, 10
8989 2025. 11
9090 12
9191 4-120-103. Right of action — Rights on behalf of certain individuals. 13
9292 (a) Except as provided in § 4 -120-106, an identifiable individual: 14
9393 (1) Whose intimate visual depiction is disclosed, in such a way 15
9494 to affect interstate or foreign commerce or using any means or facility of 16
9595 interstate or foreign commerce, without the consent of the identifiable 17
9696 individual, where the disclosure was made by a person who knowingly or 18
9797 recklessly disregards that the identifiable individual has not consented to 19
9898 the disclosure, may bring a civil action against that person in an 20
9999 appropriate district court of the State of Arkansas for relief under § 4 -120-21
100100 105; 22
101101 (2) Who is the subject of a digital forgery may bring a civil 23
102102 action in an appropriate district court of the State of Arkansas for relief 24
103103 under § 4-120-105 against any person that knowingly produced or possessed the 25
104104 digital forgery with intent to disclose it, or knowingly disclosed or 26
105105 solicited the digital forgery, if the: 27
106106 (A) Identifiable individual did not consent to the 28
107107 production, disclosure, solicitation, or possession; 29
108108 (B) Person knowingly or recklessly disregarded that the 30
109109 identifiable individual did not consent to the production, disclosure, 31
110110 solicitation, or possession; and 32
111111 (C) Production, disclosure, solicitation, or possession 33
112112 affects interstate or foreign commerce or uses any means or facility of 34
113113 interstate or foreign commerce; and 35
114114 (3) Who is the subject of a digital forgery may bring a civil 36 HB1823
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117117 action in an appropriate district court of the State of Arkansas for relief 1
118118 under § 4-120-105 against any person that knowingly produced the digital 2
119119 forgery if the: 3
120120 (A) Identifiable individual did not consent to the 4
121121 production; 5
122122 (B) Person knowingly or recklessly disregarded that the 6
123123 identifiable individual did not consent to the production; and 7
124124 (C) Production affects interstate or foreign commerce or 8
125125 uses any means or facility of interstate or foreign commerce. 9
126126 (b)(1) If an identifiable individual is under eighteen (18) years of 10
127127 age, incompetent, incapacitated, or deceased, then the legal guardian of the 11
128128 identifiable individual or representative of the identifiable individual’s 12
129129 estate, another family member, or any other person appointed by the court as 13
130130 a suitable representative may assume the identifiable individual's rights 14
131131 under this chapter. 15
132132 (2) The defendant shall not be named as the representative or 16
133133 guardian under subdivision (b)(1) of this section. 17
134134 18
135135 4-120-104. Consent. 19
136136 For purposes of a civil action under § 4 -120-103(a), the fact that the 20
137137 identifiable individual: 21
138138 (1) Consented to the creation of the intimate visual depiction 22
139139 or digital forgery shall not establish that the person consented to its 23
140140 disclosure, solicitation, or possession; and 24
141141 (2) Disclosed the intimate visual depiction or digital forgery 25
142142 to someone else shall not establish that the person consented to the further 26
143143 disclosure, solicitation, or possession of the intimate visual depiction or 27
144144 digital forgery by the person alleged to have violated § 4 -120-103. 28
145145 29
146146 4-120-105. Relief — Preservation of privacy. 30
147147 (a) In a civil action filed under this chapter: 31
148148 (1) An identifiable individual may recover: 32
149149 (A) The actual damages sustained by the defendant or 33
150150 liquidated damages in the amount of one hundred fifty thousand dollars 34
151151 ($150,000); and 35
152152 (B) The cost of the action, including reasonable 36 HB1823
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155155 attorney’s fees and other litigation costs reasonably incurred; and 1
156156 (2) The court may, in addition to any other relief available at 2
157157 law, order equitable relief, including without limitation a temporary 3
158158 restraining order, a preliminary injunction, or a permanent injunction 4
159159 ordering the defendant, including third parties, to cease displaying or 5
160160 disclosing of the intimate visual depiction or digital forgery of the 6
161161 identifiable individual or plaintiff. 7
162162 (b) In a civil action filed under this chapter, the court may issue an 8
163163 order to protect the privacy of a plaintiff, including without limitation by: 9
164164 (1) Permitting the plaintiff to use a pseudonym; 10
165165 (2) Requiring the parties to redact the personal identifying 11
166166 information of the plaintiff from any public filing or to file the documents 12
167167 under seal; and 13
168168 (3) Issuing a protective order for purposes of discovery, which 14
169169 may include an order indicating that any intimate visual depiction or digital 15
170170 forgery shall remain in the care, custody, and control of the court. 16
171171 17
172172 4-120-106. Exceptions. 18
173173 An identifiable individual may not bring an action for relief under 19
174174 this chapter relating to: 20
175175 (1) An intimate visual depiction or digital forgery that is 21
176176 commercial pornographic content, unless that content was produced by force, 22
177177 fraud, misrepresentation, or coercion of the identifiable individual; 23
178178 (2) A disclosure made in good faith: 24
179179 (A) To a law enforcement officer or agency; 25
180180 (B) As part of a legal proceeding; 26
181181 (C) As part of medical education, diagnosis, or treatment; 27
182182 or 28
183183 (D) In the reporting or investigation of: 29
184184 (i) Unlawful content; or 30
185185 (ii) Unsolicited or unwelcome conduct; 31
186186 (3) A matter of public concern or public interest; or 32
187187 (4) A disclosure reasonably intended to assist the identifiable 33
188188 individual. 34
189189 35
190190 4-120-107. Statute of limitations. 36 HB1823
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193193 Any action commenced under this chapter shall be barred unless the 1
194194 complaint is filed not later than ten (10) years from the later of: 2
195195 (1) The date on which the identifiable individual reasonably 3
196196 discovers the violation that forms the basis for the claim; or 4
197197 (2) The date on which the identifiable individual reaches 5
198198 eighteen (18) years of age. 6
199199 7
200200 4-120-108. Duplicative recovery barred. 8
201201 Relief shall not be ordered under § 4 -120-105 against a person who is 9
202202 subject to a judgment under 18 U.S.C. § 2255, as it existed on January 1, 10
203203 2025, for the same conduct involving the same identifiable individual and the 11
204204 same intimate visual depiction or digital forgery. 12
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