COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1363S.01I Bill No.:SB 411 Subject:Civil Procedure; Crimes and Punishment; Criminal Procedure; Internet and E-
Mail; Liability
Type:Original Date:March 3, 2025Bill Summary:This proposal establishes provisions relating to the civil and criminal
liability of disclosure of intimate digital depictions.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2029)
General RevenueCould exceed
($43,687)
Could exceed
($106,947)
Could exceed
($152,720)
Could exceed
($189,155)
Total Estimated
Net Effect on
General
Revenue
Could exceed
($43,687)
Could exceed
($106,947)
Could exceed
($152,720)
Could exceed
($189,155)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1363S.01I
Bill No. SB 411
Page 2 of
March 3, 2025
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
FTE 000$0
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2029)
Local
Government$0$0$0$0 L.R. No. 1363S.01I
Bill No. SB 411
Page 3 of
March 3, 2025
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§537.043 and 573.570 – Disclosure of intimate digital depictions
Officials from the Department of Corrections (DOC) state this proposal establishes provisions
relating to the civil and criminal liability of disclosure of intimate digital depictions.
Creates sections 537.043 and 573.570, including the offense of disclosure of an intimate digital
depiction. The penalty for this offense is a class E felony, unless it is a second or subsequent
offense or it is reasonable to expect that the offense could impact government activity or
facilitate violence, in which case it is a class C felony.
As these are new crimes, there is little direct data on which to base an estimate, and as such, the
department estimates an impact comparable to the creation of a new class E felony and C felony.
For each new nonviolent class E felony, the department estimates one person could be sentenced
to prison and two to probation. The average sentence for a nonviolent class E felony offense is
3.4 years, of which 2.1 years could be served in prison with 1.4 years to first release. The
remaining 1.3 years could be on parole. Probation sentences could be 3 years.
For each new class C felony, the department estimates four people could be sentenced to prison
and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be
on parole. Probation sentences could be 3 years.
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
F
Y2035
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 1363S.01I
Bill No. SB 411
Page 4 of
March 3, 2025
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 17 additional offenders in
prison and 26 additional offenders on field supervision by FY 2029.
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
F
Y2035
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6
C
hange in prison admissions and probation openings with legislation
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
F
Y2035
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
8 8 8 8 8 8 8 8 8 8
C
hange (After Legislation - Current Law)
A
dmissions
5 5 5 5 5 5 5 5 5 5
P
robations
8 8 8 8 8 8 8 8 8 8
C
umulative Populations
P
rison
5 1
0
1
4
1
7
1
7
1
7
1
7
1
7
1
7
1
7
P
arole
0 0 1 2 6 1
0
1
4
1
4
1
4
1
4
P
robation
8 1
6
2
4
2
4
2
4
2
4
2
4
2
4
2
4
2
4
I
mpact
P
rison Population
5 1
0
1
4
1
7
1
7
1
7
1
7
1
7
1
7
1
7
F
ield Population
8 1
6
2
5
2
6
3
0
3
4
3
8
3
8
3
8
3
8
P
opulation Change
1
3
2
6
3
9
4
3
4
7
5
1
5
5
5
5
5
5
5
5 L.R. No. 1363S.01I
Bill No. SB 411
Page 5 of
March 3, 2025
DD:LR:OD
# to
prison
Cost per
year
Total Costs
for prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 15($10,485)($43,687)0$08($43,687)Year 210($10,485)($106,947)0$016($106,947)Year 314($10,485)($152,720)0$025($152,720)Year 417($10,485)($189,155)0$026($189,155)Year 517($10,485)($192,938)0$030($192,938)Year 617($10,485)($196,797)0$034($196,797)Year 717($10,485)($200,733)0$038($200,733)Year 817($10,485)($204,747)0$038($204,747)Year 917($10,485)($208,842)0$038($208,842)Year 1017($10,485)($213,019)0$038($213,019)
If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries.
If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $28.73 per day or an annual cost of $10,485 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $100.25 per day or an
annual cost of $36,591 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s impact for fiscal note purposes. L.R. No. 1363S.01I
Bill No. SB 411
Page 6 of
March 3, 2025
DD:LR:OD
Officials from the Office of State Courts Administrator (OSCA) state there may be some
impact but there is no way to quantify that currently. Any significant changes will be reflected in
future budget requests.
Oversight notes OSCA assumes this proposal may have some impact on their organization
although it can’t be quantified at this time. As OSCA is unable to provide additional information
regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to
(Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes
the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the
fiscal impact as presented in this fiscal note. If additional information is received, Oversight will
review it to determine if an updated fiscal note should be prepared and seek approval to publish a
new fiscal note.
Officials from the Office of the State Public Defender (SPD) state per the National Public
Defense Workload Study, the new charge contemplated by this change to Section 573.570,
would take approximately fifty-seven hours of SPD work for reasonably effective representation.
If one hundred cases were filed under this section in a fiscal year, representation would result in
a need for an additional three attorneys. Because the number of cases that will be filed under this
statute is unknown, the exact additional number of attorneys necessary is unknown. Each case
would also result in unknown increased costs in the need for core staff, travel, and litigation
expenses.
Oversight assumes this proposal will create a minimal number of new cases and that the SPD
can absorb the additional caseload required by this proposal with current staff and resources.
Therefore, Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However,
if multiple bills pass which require additional staffing and duties, the SPD may request funding
through the appropriation process.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. However, the AGO may seek
additional appropriations if the proposal results in a significant increase in litigation or
investigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will
have no measurable fiscal impact on MOPS. The enactment of a new crime [573.570] creates
additional responsibilities for county prosecutors and the circuit attorney which may, in turn,
result in additional costs, which are difficult to determine.
Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and L.R. No. 1363S.01I
Bill No. SB 411
Page 7 of
March 3, 2025
DD:LR:OD
regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that
this is a small amount and does not expect that additional funding would be required to meet
these costs. However, the SOS also recognizes that many such bills may be passed by the
General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the governor.
Officials from the Department of Health and Senior Services, the Department of Mental
Health, the Department of Labor and Industrial Relations, the Department of Public Safety
– Missouri Highway PatrolDepartment of Social Services, the Phelps County Sheriff’s
Department, the Kansas City Police Department, and the St. Louis County Police
Department each assume the proposal will have no fiscal impact on their respective
organizations. Oversight does not have any information to the contrary. Therefore, Oversight
will reflect a zero impact in the fiscal note for these agencies.
FISCAL IMPACT
– State
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully
Implemented
(FY 2029)
GENERAL
REVENUE
Cost – DOC
(§§537.043 and
573.570) Increased
incarceration costs($43,687)($106,947)($152,720)($189,155)
Cost – OSCA
(§§537.043 and
573.570) Potential
cost relating to the
disclosure of
intimate digital
depictions
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE
Could exceed
($43,687)
Could exceed
($106,947)
Could exceed
($152,720)
Could exceed
($189,155) L.R. No. 1363S.01I
Bill No. SB 411
Page 8 of
March 3, 2025
DD:LR:OD
FISCAL IMPACT
– Local
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully
Implemented
(FY 2029)
$0$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS (Sections 537.043 and 573.570)
This act establishes "The Taylor Swift Act" which establishes a cause of action by an individual
who is the subject of an intimate digital depiction against a person who discloses such depiction
and who knows or recklessly disregards the fact that the individual has not consented to such
disclosure as provided in the act. The depicted individual may recover damages as described in
the act along with injunctive relief. An action shall not be brought if the disclosure was made in
good faith to or by a law enforcement officer in the course of reporting or investigating unlawful
conduct or as part of a legal proceeding. Additionally, an action shall not be brought if the
disclosure was a matter of legitimate public concern or interest or if the disclosure reasonably
intended to assist the depicted individual.
This act provides that a person commits the offense of disclosure of an intimate digital depiction
if the person discloses, or threatens to disclose, an intimate digital depiction with the intent to
harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the
depicted individual or with the actual knowledge that or reckless disregard for whether such
disclosure or threat of disclosure will cause harm to the depicted individual. Any such person
shall be guilty of a class E felony for the first offense or a class C felony for any second and
subsequent offenses or if the actions could reasonably be expected to affect the conduct of
governmental proceedings or facilitate violence.
Furthermore, it shall not be a defense to civil or criminal actions brought pursuant to this act that
there is a disclaimer stating that the digital depiction was unauthorized or that the depicted
individual did not participate in the creation or development of the digital depiction. Lastly, a
provider of an interactive computer service shall not be held civilly or criminally liable under
this act for actions voluntarily taken in good faith to restrict access to or availability of intimate
digital depictions or actions taken to enable or make available to information content providers
or other persons the technical means to restrict access to intimate digital depictions. L.R. No. 1363S.01I
Bill No. SB 411
Page 9 of
March 3, 2025
DD:LR:OD
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Attorney General’s Office
Department of Corrections
Department of Health and Senior Services
Department of Labor and Industrial Relations
Department of Mental Health
Department of Public Safety – Missouri Highway Patrol
Department of Social Services
Missouri Office of Prosecution Services
Office of the Secretary of State
Office of the State Courts Administrator
Office of the State Public Defender
Phelps County Sheriff’s Department
Kansas City Police Department
St. Louis County Police Department
Julie MorffJessica HarrisDirectorAssistant DirectorMarch 3, 2025March 3, 2025