Missouri 2025 Regular Session

Missouri Senate Bill SB411 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 411
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR FITZWATER.
6	6	1363S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapters 537 and 573, RSMo, by adding thereto two new sections relating to the
9	9	disclosure of intimate digital depictions, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapters 537 and 573, RSMo, are amended by 1
13	13	adding thereto two new sections, to be known as sections 537.043 2
14	14	and 573.570, to read as follows:3
15	15	537.043. 1. This section and section 573.570 shall be 1
16	16	known and may be cited as "The Taylor Swift Ac t". 2
17	17	2. As used in this section, the following terms mean: 3
18	18	(1) "Consent", a freely given agreement to the 4
19	19	disclosure of an intimate digital depiction as provided by 5
20	20	subsection 5 of this section. Assent does not constitute 6
21	21	consent if: 7
22	22	(a) It is given by a depicted individual who lacks the 8
23	23	mental capacity to authorize the disclosure of an intimate 9
24	24	digital depiction and such mental incapacity is manifest or 10
25	25	known to a person who discloses the intimate digital 11
26	26	depiction; 12
27	27	(b) It is given by a depicted individual who by reason 13
28	28	of youth, mental disease or defect, intoxication, a drug - 14
29	29	induced state, or any other reason is manifestly unable, or 15
30	30	known by the person who discloses an intimate digital 16
31	31	depiction to be unable, to make a r easonable judgment as to 17 SB 411 2
32	32	the nature or harmfulness of the disclosure of an intimate 18
33	33	digital depiction; or 19
34	34	(c) It is induced by force, duress, or deception; 20
35	35	(2) "Depicted individual", an individual who, as a 21
36	36	result of digitization or by means of digital manipulation, 22
37	37	appears in whole or in part in an intimate digital depiction 23
38	38	and who is identifiable by virtue of the individual's face, 24
39	39	likeness, or other distinguishing characteristic, such as a 25
40	40	unique birthmark or other recognizable featur e, or from 26
41	41	information displayed in connection with the digital 27
42	42	depiction; 28
43	43	(3) "Digital depiction", a realistic visual depiction 29
44	44	of an individual that has been created or altered using 30
45	45	digital manipulation; 31
46	46	(4) "Information content provider s", any person or 32
47	47	entity that is responsible, in whole or in part, for the 33
48	48	creation or development of information provided through the 34
49	49	internet or any other interactive computer service; 35
50	50	(5) "Interactive computer service", any information 36
51	51	service, system or access software provider that provides or 37
52	52	enables computer access by multiple users to a computer 38
53	53	server, including specifically a service or system that 39
54	54	provides access to the internet and such systems operated or 40
55	55	services offered by libra ries or educational institutions; 41
56	56	(6) "Intimate digital depiction", a digital depiction 42
57	57	of an individual that has been created or altered using 43
58	58	digital manipulation and that depicts: 44
59	59	(a) The uncovered genitals, pubic area, anus, or 45
60	60	postpubescent female nipple of the individual; 46
61	61	(b) The display or transfer of bodily sexual fluids: 47
62	62	a. Onto any part of the body of the individual; or 48
63	63	b. From the body of the individual; or 49 SB 411 3
64	64	(c) The individual engaging in sexually explicit 50
65	65	conduct; 51
66	66	(7) "Sexually explicit conduct", actual or simulated: 52
67	67	(a) Sexual intercourse, including genital -genital, 53
68	68	oral-genital, anal-genital, or oral-anal, whether between 54
69	69	individuals of the same or opposite sex; 55
70	70	(b) Bestiality; 56
71	71	(c) Masturbation; 57
72	72	(d) Sadistic or masochistic abuse; or 58
73	73	(e) Lascivious exhibition of the genitals or pubic 59
74	74	area of any individual. 60
75	75	3. Except as provided in subsection 9 or 12 of this 61
76	76	section, a depicted individual who is the subject of an 62
77	77	intimate digital depiction that is disclosed without the 63
78	78	consent of the depicted individual where such disclosure was 64
79	79	made by a person who knows, or recklessly disregards, that 65
80	80	the depicted individual has not consented to such disclosure 66
81	81	may bring a civil action against that other person in an 67
82	82	appropriate circuit court for relief as set forth in 68
83	83	subsections 6 and 7 of this section. 69
84	84	4. In the case of a depicted individual who is under 70
85	85	eighteen years of age or is incompetent, incapacitated, or 71
86	86	deceased, the legal guardian of the depicted individual or 72
87	87	representative of the depicted individual's estate, another 73
88	88	family member, or any person appointed as suitable by the 74
89	89	court may assume the depicted individual's rights under this 75
90	90	section, but in no event shall a defendant be named as such 76
91	91	representative or guardian of the depicted individual. 77
92	92	5. For the purposes of an action brought pursuant to 78
93	93	subsection 3 or 4 of this section: 79
94	94	(1) A depicted individual's consent to the creation of 80
95	95	the intimate digital depiction shall not establish that the 81 SB 411 4
96	96	depicted individual consented to the disclosure of the 82
97	97	intimate digital depiction; 83
98	98	(2) Consent shall be deemed validly given only if: 84
99	99	(a) It is set forth in an agreement written in plain 85
100	100	language signed knowingly and voluntarily by the depicted 86
101	101	individual; and 87
102	102	(b) The written agreement includes a general 88
103	103	description of the intimate digital depiction and, if 89
104	104	applicable, the audiovisual work into which the intimate 90
105	105	digital depiction will be incorporated. 91
106	106	6. In a civil action brought pursuant to this section, 92
107	107	a depicted individual may recover any of the following: 93
108	108	(1) An amount equal to the monetary gain made by the 94
109	109	defendant from the creation, development, or disclosure of 95
110	110	the intimate digital depiction; 96
111	111	(2) Either of the following: 97
112	112	(a) The actual damages sustained by the depicted 98
113	113	individual as a result of the intimate digital depiction, 99
114	114	including damages for emotional distress; or 100
115	115	(b) Liquidated damages in the amount of one hundred 101
116	116	fifty thousand dollars; 102
117	117	(3) Punitive damages; and 103
118	118	(4) The cost of the action, including reasonable 104
119	119	attorney's fees and court costs. 105
120	120	7. In a civil action brought pursuant to this section, 106
121	121	the court may, in addition to any other relief available at 107
122	122	law, order equitable relief, including a temporary 108
123	123	restraining order, a preliminary injunction, or a permanent 109
124	124	injunction ordering the defendant to cease the display or 110
125	125	disclosure of the intimate digital depiction. 111 SB 411 5
126	126	8. In ordering relief pursuant to this section, the 112
127	127	court may grant injunctive relief maintaining the 113
128	128	confidentiality of a plaintiff by using a pseudonym. 114
129	129	9. A depicted individual shall not bring an action for 115
130	130	relief under this section if: 116
131	131	(1) The disclosure was made in good faith: 117
132	132	(a) To or by a law enforcement officer or agency in 118
133	133	the course of reporting or investigating unlawful conduct; or 119
134	134	(b) As part of a legal proceeding; 120
135	135	(2) The disclosure was a matter of legitimate public 121
136	136	concern or public interest, except that the disclosure shall 122
137	137	not be considered a matter of legitimate public interest or 123
138	138	public concern solely because the depicted individual is a 124
139	139	public figure; or 125
140	140	(3) The disclosure reasonably intended to assist the 126
141	141	depicted individual. 127
142	142	10. A court may authorize an in camera proceeding 128
143	143	under this section. 129
144	144	11. It shall not be a defense to an action under this 130
145	145	section that there is a disclaimer stating that the intima te 131
146	146	digital depiction was unauthorized or that the depicted 132
147	147	individual did not participate in the creation or 133
148	148	development of the intimate digital depiction. 134
149	149	12. A provider of an interactive computer service 135
150	150	shall not be held liable in an action br ought pursuant to 136
151	151	this section for: 137
152	152	(1) Any action voluntarily taken in good faith to 138
153	153	restrict access to or availability of intimate digital 139
154	154	depictions; or 140
155	155	(2) Any action taken to enable or make available to 141
156	156	information content providers or other persons the technical 142
157	157	means to restrict access to intimate digital depictions. 143 SB 411 6
158	158	573.570. 1. As used in this section, the following 1
159	159	terms mean: 2
160	160	(1) "Depicted individual", an individual who, as a 3
161	161	result of digitization or by means of digital manipulation, 4
162	162	appears in whole or in part in an intimate digital depiction 5
163	163	and who is identifiable by virtue of the individual's face, 6
164	164	likeness, or other distinguishing characteristic, such as a 7
165	165	unique birthmark or other recognizabl e feature, or from 8
166	166	information displayed in connection with the digital 9
167	167	depiction; 10
168	168	(2) "Digital depiction", a realistic visual depiction 11
169	169	of an individual that has been created or altered using 12
170	170	digital manipulation; 13
171	171	(3) "Information content providers", any person or 14
172	172	entity that is responsible, in whole or in part, for the 15
173	173	creation or development of information provided through the 16
174	174	internet or any other interactive computer service; 17
175	175	(4) "Interactive computer service", any information 18
176	176	service, system or access software provider that provides or 19
177	177	enables computer access by multiple users to a computer 20
178	178	server, including specifically a service or system that 21
179	179	provides access to the internet and such systems operated or 22
180	180	services offered by libraries or educational institutions; 23
181	181	(5) "Intimate digital depiction", a digital depiction 24
182	182	of an individual that has been created or altered using 25
183	183	digital manipulation and that depicts: 26
184	184	(a) The uncovered genitals, pubic area, anus, or 27
185	185	postpubescent female nipple of the individual; 28
186	186	(b) The display or transfer of bodily sexual fluids: 29
187	187	a. Onto any part of the body of the individual; or 30
188	188	b. From the body of the individual; or 31 SB 411 7
189	189	(c) The individual engaging in sexually exp licit 32
190	190	conduct; 33
191	191	(6) "Sexually explicit conduct", actual or simulated: 34
192	192	(a) Sexual intercourse, including genital -genital, 35
193	193	oral-genital, anal-genital, or oral-anal, whether between 36
194	194	persons of the same or opposite sex; 37
195	195	(b) Bestiality; 38
196	196	(c) Masturbation; 39
197	197	(d) Sadistic or masochistic abuse; or 40
198	198	(e) Lascivious exhibition of the genitals or pubic 41
199	199	area of any individual. 42
200	200	2. A person commits the offense of disclosure of an 43
201	201	intimate digital depiction if the person discloses, or 44
202	202	threatens to disclose, an intimate digital depiction: 45
203	203	(1) With the intent to harass, annoy, threaten, alarm, 46
204	204	or cause substantial harm to the finances or reputation of 47
205	205	the depicted individual; or 48
206	206	(2) With the actual knowledge that or rec kless 49
207	207	disregard for whether such disclosure or threatened 50
208	208	disclosure will cause physical, emotional, reputational, or 51
209	209	economic harm to the depicted individual. 52
210	210	3. (1) A violation of subsection 2 of this section 53
211	211	shall be a class E felony. 54
212	212	(2) A violation of subsection 2 of this section shall 55
213	213	be a class C felony if: 56
214	214	(a) The violation is a second or other subsequent 57
215	215	violation of subsection 2 of this section; or 58
216	216	(b) The violation is such that the digital depiction 59
217	217	could be reasonably expected to: 60
218	218	a. Affect the conduct of any administrative, 61
219	219	legislative, or judicial proceeding of a federal, state, 62
220	220	local, or tribal government agency, including the 63 SB 411 8
221	221	administration of an election or the conduct of foreign 64
222	222	relations; or 65
223	223	b. Facilitate violence. 66
224	224	4. It shall not be a defense to the offense of 67
225	225	disclosure of an intimate digital depiction as provided by 68
226	226	this section that there is a disclaimer stating that the 69
227	227	intimate digital depiction was unauthorized or that the 70
228	228	depicted individual did not participate in the creation or 71
229	229	development of the intimate digital depiction. 72
230	230	5. For the purposes of this section, a provider of an 73
231	231	interactive computer service shall not have committed the 74
232	232	offense of disclosure of an inti mate digital depiction due 75
233	233	to: 76
234	234	(1) Any action voluntarily taken in good faith to 77
235	235	restrict access to or availability of intimate digital 78
236	236	depictions; or 79
237	237	(2) Any action taken to enable or make available to 80
238	238	information content providers or othe r persons the technical 81
239	239	means to restrict access to intimate digital depictions. 82
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