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