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Councilmember Anita Bonds Councilmember Brooke Pinto
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Councilmember Matthew Frumin Councilmember Brianne K. Nadeau
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Councilmember Vincent C. Gray Councilmember Janeese Lewis George
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Councilmember Christina Henderson
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A BILL 1
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 3
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To amend Title 15 of the District of Columbia Official Code to establish a private right of action 5
against a person who sends an obscene unsolicited image by electronic means to another. 6
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 8
act may be cited as the “Forbid Lewd Activity and Sexual Harassment (“FLASH”) Act of 9
2023”. 10
Sec. 2. Title 15 of the District of Columbia Official Code, is amended to read as follows: 11
(a) The table of contents is amended by adding a new chapter designated to read as 12
follows: 13
“Chapter 11. Civil Action for dissemination of an obscene unsolicited image to another 14
aims .............. §§15-1101 – 15-1103.”. 15
(b) A new Chapter 11 is added to read as follows: 16
2
“CHAPTER 11. Civil Action for dissemination of an obscene unsolicited image to 17
another. 18
“Sec. 101 19
“15-1101. Definitions. 20
“15-1102. Civil Action 21
“15-1103. Exclusions 22
“Sec. 15-1101. Definitions. 23
“(a) “Obscene image” means an image that depicts a real or fictitious person 18 years of 24
age or older engaging in or submitting to an actual or simulated: 25
(1) Sexual act; 26
(2) Sadomasochistic abuse; 27
(3) Masturbation; 28
(4) Sexual or sexualized display of the genitals, pubic area, or anus, when there is 29
less than a full opaque covering; 30
(5) Sexual contact; or 31
(6) Sexual or sexualized display of the breast below the top of the areola, or 32
buttocks, when there is less than a full opaque covering. 33
“Sec. 15-1102. Civil Action. 34
“(a) Any person 18 years of age or older who transmits an unsolicited obscene image by 35
electronic means to the electronic communication device of another person 18 years of age or 36
older may be liable to the recipient of the obscene image for the following: 37
3
“(1) Economic and noneconomic damages proximately caused by the receipt of 38
the image, including damages for emotional distress; 39
“(2) Statutory damages of not less than $500 but not more than $1,500; 40
“(3) Punitive damages; 41
“(4) Reasonable attorney fees and costs; and 42
“(5) Any other available relief, including injunctive relief. 43
“(b) The remedies provided by this section are cumulative and shall not be construed as 44
restricting a remedy that is available under any other law. 45
“(c) Venue for an action under this section may lie in the jurisdiction where the obscene 46
image is transmitted from or where the obscene image is received or possessed by the plaintiff. 47
“(d) There shall be a presumption that any transmission of an obscene image is knowing 48
unless a defendant demonstrates by preponderance of the evidence that the transmission is 49
unknowing or accidental. 50
“Sec. 15-1103 Exclusions 51
“(a) The provisions of this chapter shall not apply to: 52
“(1) Any Internet service provider, mobile data provider, or operator of an online 53
or mobile application, to the extent that such entity is transmitting, routing, or providing 54
connections for electronic communications initiated by or at the direction of another; or 55
“(2) Any service that transmits an obscene image, including an on-demand, 56
subscription, or advertising-supported service; or 57
“(3) A health care provider that transmits an obscene image for a legitimate 58
medical purpose; or 59
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“(4) Any transmission of commercial electronic mail.”. 60
Sec. 3 Fiscal impact statement. 61
The Council adopts the fiscal impact statement in the committee report as the fiscal 62
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 63
approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). 64
Sec. 4 Effective date. 65
This act shall take effect following approval by the Mayor (or in the event of veto by the 66
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 67
provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 68
24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 69
Columbia Register. 70