District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0484 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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5	5		1
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7		-	~~AN ACT~~
	7	+	A BILL
8	8
9		-	~~___________~~
	9	+	25-484
10	10
11	11		IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12	12
13		-	~~___________~~________________
	13	+	________________
14	14
15		-	To enact the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, to
16		-	create a civil cause of action for victims of unauthorized disclosure of private, intimate
17		-	images, to provide for actual damages, statutory damages, punitive damages, and
18		-	disgorgement of profits, to authorize the Superior Court to grant the victim attorney’s
19		-	fees and other relief, such as injunctive relief, to provide procedures to enable victims of
20		-	such disclosures to protect their identity in court proceedings, and for other purposes.
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2024”.
23		-	Sec. 2. Definitions. For the purposes of this act, the term:
24		-	(1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image. (3) “Disclose” and “disclosure” means transfer, publication, or distribution to another person. (4) “Identifiable” means recognizable by a person other than the depicted individual: (A) From an intimate image itself; or
25		-	(B) From an intimate image and identifying characteristic displayed in
26		-	connection with the intimate image.
27		-	(5) “Identifying characteristic” means information that may be used to identify a depicted individual. (6) “Individual” means a human being. (7) “Intimate image” means a photograph, film, video recording, or other similar medium that shows: ENROLLED ORIGINAL
	15	+	To enact the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, to 1
	16	+	create a civil cause of action for victims of unauthorized disclosure of private, intimate 2
	17	+	images, to provide for actual damages, statutory damages, punitive damages, and 3
	18	+	disgorgement of profits, to authorize the Superior Court to grant the victim attorney’s 4
	19	+	fees and other relief, such as injunctive relief; and to provide procedures to enable 5
	20	+	victims of such disclosures to protect their identity in court proceedings, and for other 6
	21	+	purposes. 7
	22	+	8 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 9
	23	+	act may be cited as the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate 10
	24	+	Images Act of 2024”. 11
	25	+	Sec. 2. Definitions 12
	26	+	For the purposes of this act, the term: 13
	27	+	(1) “Consent” means affirmative, conscious, and voluntary authorization by an 14
	28	+	individual with legal capacity to give authorization. 15
	29	+	(2) “Depicted individual” means an individual whose body is shown in whole or 16
	30	+	in part in an intimate image. 17
	31	+	(3) “Disclose” and “disclosure” means transfer, publication, or distribution to 18
	32	+	another person. 19
	33	+	(4) “District” means the District of Columbia. 20 ENGROSSED ORIGINAL
28	34
29	35
30	36
31	37		2
32	38
33		-	(A) The uncovered genitals, pubic area, anus, or female post-pubescent
34		-	nipple of a depicted individual; or
35		-	(B) A depicted individual engaging in or being subjected to sexual
36		-	conduct.
37		-	(8) “Person” means an individual, estate, business or nonprofit entity, public
38		-	corporation, government or governmental subdivision, agency, or instrumentality, or other legal
39		-	entity.
40		-	(9) “Sexual conduct” includes:
41		-	(A) Masturbation;
42		-	(B) Genital, anal, or oral sex;
43		-	(C) Sexual penetration of, or with, an object;
44		-	(D) Bestiality; or
45		-	(E) The transfer of semen onto a depicted individual.
46		-
47		-	Sec. 3. Civil action.
48		-	(a) For the purposes of this section, the term:
49		-	(1) “Harm” includes physical harm, economic harm, and emotional distress
50		-	whether or not accompanied by physical or economic harm.
51		-	(2) “Private” means:
52		-	(A) Created or obtained under circumstances in which a depicted
53		-	individual had a reasonable expectation of privacy; or
54		-	(B) Made accessible through theft, bribery, extortion, fraud, false
55		-	pretenses, voyeurism, or exceeding authorized access to an account, message, file, device,
56		-	resource, or property.
57		-	(b) Except as otherwise provided in section 4, a depicted individual who is identifiable
58		-	and who suffers harm from a person’s intentional disclosure or threatened disclosure of an
59		-	intimate image that was private without the depicted individual’s consent has a cause of action
60		-	against the person if the person knew or acted with reckless disregard for whether:
61		-	(1) The depicted individual did not consent to the disclosure;
62		-	(2) The intimate image was private; and
63		-	(3) The depicted individual was identifiable.
64		-	(c) The following conduct by a depicted individual does not establish by itself that the
65		-	individual consented to the disclosure of the intimate image which is the subject of an action
66		-	under this act or that the individual lacked a reasonable expectation of privacy:
67		-	(1) Consent to creation of the image; or
68		-	(2) Previous consensual disclosure of the image.
69		-	(d) A depicted individual who does not consent to the sexual conduct or uncovering of
70		-	the part of the body depicted in an intimate image of the individual retains a reasonable
71		-	expectation of privacy even if the image was created when the individual was in a public place.
72		-	ENROLLED ORIGINAL
	39	+	(5) “Identifiable” means recognizable by a person other than the depicted 21
	40	+	individual: 22
	41	+	(A) From an intimate image itself; or 23
	42	+	(B) From an intimate image and identifying characteristic displayed in 24
	43	+	connection with the intimate image. 25
	44	+	(6) “Identifying characteristic” means information that may be used to identify a 26
	45	+	depicted individual. 27
	46	+	(7) “Individual” means a human being. 28
	47	+	(8) “Intimate image” means a photograph, film, video recording, or other similar 29
	48	+	medium that shows: 30
	49	+	(A) The uncovered genitals, pubic area, anus, or female post-pubescent 31
	50	+	nipple of a depicted individual; or 32
	51	+	(B) A depicted individual engaging in or being subjected to sexual 33
	52	+	conduct. 34
	53	+	(9) “Person” means an individual, estate, business or nonprofit entity, public 35
	54	+	corporation, government or governmental subdivision, agency, or instrumentality, or other legal 36
	55	+	entity. 37
	56	+	(10) “Sexual conduct” includes: 38
	57	+	(A) Masturbation; 39
	58	+	(B) Genital, anal, or oral sex; 40 ENGROSSED ORIGINAL
73	59
74	60
75	61
76	62		3
77	63
78		-	Sec. 4. Exceptions to liability.
79		-	(a) A person is not liable under this act if the person proves that disclosure of, or a threat
80		-	to disclose, an intimate image was made reasonably, relevantly, and in good faith:
81		-	(1) To report unlawful or unsolicited activity or in pursuance of a legal,
82		-	professional, or other lawful obligation;
83		-	(2) To assist the depicted person;
84		-	(3) For legitimate medical, scientific, or educational purposes;
85		-	(4) As part of a relevant document production or filing associated with a legal
86		-	proceeding; or
87		-	(5) In service of the public interest.
88		-	(b) Disclosure of, or a threat to disclose, an intimate image is not a matter of public
89		-	concern or public interest solely because the depicted individual is a public figure.
90		-
91		-	Sec. 5. Plaintiff’s privacy.
92		-	In an action under this act:
93		-	(1) The court may exclude or redact from all pleadings and documents filed in the
94		-	action other identifying characteristics of the plaintiff;
95		-	(2) A plaintiff to whom paragraph (1) of this section applies shall file with the
96		-	court and serve on the defendant a confidential information form that includes the excluded or
97		-	redacted plaintiff’s name and other identifying characteristics; and
98		-	(3) The court may make further orders as necessary to protect the identity and
99		-	privacy of a plaintiff.
100		-
101		-	Sec. 6. Remedies.
102		-	(a) In an action under this act, a prevailing plaintiff may recover:
103		-	(1) The greater of:
104		-	(A) Economic and noneconomic damages proximately caused by the
105		-	defendant’s disclosure or threatened disclosure, including damages for emotional distress
106		-	whether or not accompanied by other damages; or
107		-	(B) Statutory damages not to exceed $10,000 against each defendant
108		-	found liable under this act for all disclosures and threatened disclosures by the defendant of
109		-	which the plaintiff knew or reasonably should have known when filing the action or which
110		-	became known during the pendency of the action. In determining the amount of statutory
111		-	damages under this subparagraph, consideration must be given to the age of the parties at the
112		-	time of the disclosure or threatened disclosure, the number of disclosures or threatened
113		-	disclosures made by the defendant, the breadth of distribution of the image by the defendant, and
114		-	other exacerbating or mitigating factors;
115		-	(2) An amount equal to any monetary gain made by the defendant from disclosure
116		-	of the intimate image; and
117		-	(3) Punitive damages. ENROLLED ORIGINAL
	64	+	(C) Sexual penetration of, or with, an object; 41
	65	+	(D) Bestiality; or 42
	66	+	(E) The transfer of semen onto a depicted individual. 43
	67	+	Sec. 3. Civil action. 44
	68	+	(a) For the purposes of this section, the term: 45
	69	+	(1) “Harm” includes physical harm, economic harm, and emotional distress 46
	70	+	whether or not accompanied by physical or economic harm. 47
	71	+	(2) “Private” means: 48
	72	+	(A) Created or obtained under circumstances in which a depicted 49
	73	+	individual had a reasonable expectation of privacy; or 50
	74	+	(B) Made accessible through theft, bribery, extortion, fraud, false 51
	75	+	pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, 52
	76	+	resource, or property. 53
	77	+	(b) Except as otherwise provided in section 4, a depicted individual who is identifiable 54
	78	+	and who suffers harm from a person’s intentional disclosure or threatened disclosure of an 55
	79	+	intimate image that was private without the depicted individual’s consent has a cause of action 56
	80	+	against the person if the person knew or acted with reckless disregard for whether: 57
	81	+	(1) The depicted individual did not consent to the disclosure; 58
	82	+	(2) The intimate image was private; and 59
	83	+	(3) The depicted individual was identifiable. 60 ENGROSSED ORIGINAL
118	84
119	85
120	86
121	87		4
122	88
123		-	(b) In an action under this act, the court may award a prevailing plaintiff:
124		-	(1) Reasonable attorney’s fees and costs; and
125		-	(2) Additional relief, including injunctive relief.
126		-	(c) This act does not affect a right or remedy available under law of the District other
127		-	than this act.
128		-
129		-	Sec. 7. Statute of limitations.
130		-	(a) An action under section 3(b) for:
131		-	(1) An unauthorized disclosure may not be brought later than 4 years from the
132		-	date the disclosure was discovered or should have been discovered with the exercise of
133		-	reasonable diligence; and
134		-	(2) A threat to disclose may not be brought later than 4 years from the date of the
135		-	threat to disclose.
136		-	(b) In an action under section 3(b) by a depicted individual who was a minor on the date
137		-	of the disclosure or threat to disclose, the time specified in subsection (a) of this section does not
138		-	begin to run until the depicted individual attains the age of majority.
139		-
140		-	Sec. 8. Construction.
141		-	This act shall be construed to be consistent with section 230 of the Communications
142		-	Decency Act of 1934, approved February 8, 1996 (110 Stat. 137; 47 U.S.C. § 230).
143		-
144		-	Sec. 9. Uniformity of application and construction.
145		-	In applying and construing this uniform act, consideration must be given to the need to
146		-	promote uniformity of the law with respect to its subject matter among states that enact it.
147		-
148		-	Sec. 10. Severability
149		-	If any provision of this act, an amendment made by this act, or the application of such a
150		-	provision or amendment to any person or circumstance, is held to be unconstitutional, the
151		-	remaining provisions of and amendments made by this act, and the application of the provision
152		-	or amendment held to be unconstitutional to any other person or circumstance, shall not be
153		-	affected thereby.
154		-
155		-	Sec. 1 1. Fiscal impact statement.
156		-	The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975,
157		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). ENROLLED ORIGINAL
	89	+	(c) The following conduct by a depicted individual does not establish by itself that the 61
	90	+	individual consented to the disclosure of the intimate image which is the subject of an action 62
	91	+	under this act or that the individual lacked a reasonable expectation of privacy: 63
	92	+	(1) Consent to creation of the image; or 64
	93	+	(2) Previous consensual disclosure of the image. 65
	94	+	(d) A depicted individual who does not consent to the sexual conduct or uncovering of 66
	95	+	the part of the body depicted in an intimate image of the individual retains a reasonable 67
	96	+	expectation of privacy even if the image was created when the individual was in a public place. 68
	97	+	Sec. 4. Exceptions to liability. 69
	98	+	(a) A person is not liable under this act if the person proves that disclosure of, or a threat 70
	99	+	to disclose, an intimate image was made reasonably, relevantly, and in good faith: 71
	100	+	(1) To report unlawful or unsolicited activity or in pursuance of a legal, 72
	101	+	professional, or other lawful obligation; 73
	102	+	(2) To assist the depicted person; 74
	103	+	(3) For legitimate medical, scientific, or educational purposes; 75
	104	+	(4) As part of a relevant document production or filing associated with a legal 76
	105	+	proceeding; or 77
	106	+	(5) In service of the public interest. 78
	107	+	(b) Disclosure of, or a threat to disclose, an intimate image is not a matter of public 79
	108	+	concern or public interest solely because the depicted individual is a public figure. 80 ENGROSSED ORIGINAL
158	109
159	110
160	111
161	112		5
162	113
163		-	Sec. 1 2. Effective date.
164		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
165		-	Mayor, action by the Council to override the veto), and a 30 -day period of congressional review
166		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
167		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
168		-
169		-
170		-	______________________________
171		-	Chairman
172		-	Council of the District of Columbia
	114	+	Sec. 5. Plaintiff’s privacy. 81
	115	+	In an action under this act: 82
	116	+	(1) The court may exclude or redact from all pleadings and documents filed in the 83
	117	+	action other identifying characteristics of the plaintiff; 84
	118	+	(2) A plaintiff to whom paragraph (1) of this section applies shall file with the 85
	119	+	court and serve on the defendant a confidential information form that includes the excluded or 86
	120	+	redacted plaintiff’s name and other identifying characteristics; and 87
	121	+	(3) The court may make further orders as necessary to protect the identity and 88
	122	+	privacy of a plaintiff. 89
	123	+	Sec. 6. Remedies. 90
	124	+	(a) In an action under this act, a prevailing plaintiff may recover: 91
	125	+	(1) The greater of: 92
	126	+	(A) Economic and noneconomic damages proximately caused by the 93
	127	+	defendant’s disclosure or threatened disclosure, including damages for emotional distress 94
	128	+	whether or not accompanied by other damages; or 95
	129	+	(B) Statutory damages not to exceed $10,000 against each defendant 96
	130	+	found liable under this act for all disclosures and threatened disclosures by the defendant of 97
	131	+	which the plaintiff knew or reasonably should have known when filing the action or which 98
	132	+	became known during the pendency of the action. In determining the amount of statutory 99
	133	+	damages under this subparagraph, consideration must be given to the age of the parties at the 100 ENGROSSED ORIGINAL
173	134
174	135
175	136
	137	+	6
	138	+
	139	+	time of the disclosure or threatened disclosure, the number of disclosures or threatened 101
	140	+	disclosures made by the defendant, the breadth of distribution of the image by the defendant, and 102
	141	+	other exacerbating or mitigating factors; 103
	142	+	(2) An amount equal to any monetary gain made by the defendant from disclosure 104
	143	+	of the intimate image; and 105
	144	+	(3) Punitive damages. 106
	145	+	(b) In an action under this act, the court may award a prevailing plaintiff: 107
	146	+	(1) Reasonable attorney’s fees and costs; and 108
	147	+	(2) Additional relief, including injunctive relief. 109
	148	+	(c) This act does not affect a right or remedy available under law of the District other 110
	149	+	than this act. 111
	150	+	Sec. 7. Statute of limitations. 112
	151	+	(a) An action under section 3(b) for: 113
	152	+	(1) An unauthorized disclosure may not be brought later than 4 years from the 114
	153	+	date the disclosure was discovered or should have been discovered with the exercise of 115
	154	+	reasonable diligence; and 116
	155	+	(2) A threat to disclose may not be brought later than 4 years from the date of the 117
	156	+	threat to disclose. 118 ENGROSSED ORIGINAL
176	157
177	158
178		-	_________________________________
179		-	Mayor
180		-	District of Columbia
181	159
	160	+	7
	161	+
	162	+	(b) In an action under section 3(b) by a depicted individual who was a minor on the date 119
	163	+	of the disclosure or threat to disclose, the time specified in subsection (a) of this section does not 120
	164	+	begin to run until the depicted individual attains the age of majority. 121
	165	+	Sec. 8. Construction. 122
	166	+	This act must be construed to be consistent with the Communications Decency Act of 123
	167	+	1934, approved February 8, 1996 (110 Stat. 139; 47 U.S.C. § 230). 124
	168	+	Sec. 9. Uniformity of application and construction. 125
	169	+	In applying and construing this uniform act, consideration must be given to the need to 126
	170	+	promote uniformity of the law with respect to its subject matter among states that enact it. 127
	171	+	Sec. 10. Severability 128
	172	+	If any provision of this act, an amendment made by this act, or the application of such a 129
	173	+	provision or amendment to any person or circumstance, is held to be unconstitutional, the 130
	174	+	remaining provisions of and amendments made by this act, and the application of the provision 131
	175	+	or amendment held to be unconstitutional to any other person or circumstance, shall not be 132
	176	+	affected thereby. 133
	177	+	Sec. 1 1. Fiscal impact statement. 134
	178	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 135
	179	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 136
	180	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 137
	181	+	Sec. 1 2. Effective date. 138 ENGROSSED ORIGINAL
	182	+
	183	+
	184	+
	185	+	8
	186	+
	187	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 139
	188	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 140
	189	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 141
	190	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 142