,,ii  #aafth ,,congress  #b;d ,session  
,s4 #diid  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #i1  
#bjbj,ms4 ,hassan 7for herself1 ,mr4    
,hawley1 and ,mr4 ,tillis7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to provide civil
 relief for victims of the disclosure of
 certain intimate images1 and for other 
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,intimate ,imagery  
and ,privacy ,protection ,act of #bjbj4 
#b4 ,civil action relating to disclosure
 of intimate images  7a7 ,definitions   
,in this section3 7#a7 ,consent ,the    
term consent means1 with respect to an  
individual1 an affirmative1 conscious1  
and voluntary authorization made by the 
individual free from force1 fraud1      
misrepresentation1 or coercion of the   
depicted individual4  7#b7 ,commercial  
pornographic content ,the term          
commercial pornographic content means   
any material that is subject to the     

record keeping requirements under       
section #bbeg of title #ah1 ,united     
,states ,code4  7#c7 ,depicted          
individual ,the term depicted individual
 means an individual whose body is      
disclosed in whole or in part in an     
intimate image4  7#d7 ,disclose ,the    
term disclose means to transfer1        
publish1 distribute1 or make accessible 
an intimate image4  7#e7 ,identifiable  
,the term identifiable means            
recognizable by an individual other than
 the depicted individual from-- 7,a7 the
 intimate image itself2 or  7,b7        
information or text displayed in        
connection with the intimate image4     
7#f7 ,intimate image ,the term intimate 
image-- 7,a7 means a photograph1 film1  
video recording1 or digital recording   
that shows-- 7i7 the uncovered genitals1
 pubic area1 anus1 or female nipple of  
an individual2  7ii7 the display or     
transfer of bodily sexual fluids on to  
any part of the body of an individual2  
7iii7 an individual engaging in sexually

 explicit conduct2 or  7iv7 an          
individual being subjected to sexually  
explicit conduct2 and  7,b7 includes any
 image described in subparagraph 7,a7   
captured or recorded while the depicted 
individual was in a public place if--   
7i7 the depicted individual did not     
voluntarily display the content depicted
 in the image2 or  7ii7 the depicted    
individual did not consent to the sexual
 conduct depicted in the image4  7#g7   
,sexually explicit conduct ,the term    
sexually explicit conduct has the       
meaning given the term in subparagraphs 
7,a7 and 7,b7 of section #bbef7b7 of    
title #ah1 ,united ,states ,code4  7b7  
,civil action  7#a7 ,right of action    
,except as provided in paragraph 7#d71 a
 depicted individual1 or in the case of 
a depicted individual who is a minor1   
the parent of the depicted individual1  
whose intimate image is disclosed1 in or
 through interstate or foreign commerce 
or using a means of interstate or       
foreign commerce 7including the         

internet71 without the consent of the   
depicted individual1 and such disclosure
 was made by a person who acted         
knowingly without1 or with reckless     
disregard for1 the consent of the       
depicted individual to such disclosure1 
may bring a civil action against that   
person in an appropriate district court 
of the ,united ,states for appropriate  
relief4  7#b7 ,consent ,for purposes of 
an action under paragraph 7#a7-- 7,a7   
evidence that the depicted individual   
provided consent to the capture or      
recording of the intimate image shall   
not1 by itself1 constitute evidence that
 the depicted individual provided       
consent to the disclosure of the        
intimate image2 and  7,b7 evidence that 
the depicted individual disclosed the   
image to the person alleged to have     
violated paragraph 7#a7 shall not1 by   
itself1 constitute evidence that the    
depicted individual provided consent to 
the further disclosure of the intimate  
image4  7#c7 ,relief  7,a7 ,in general  

,in a civil action filed under this     
section-- 7i7 an individual may recover 
the actual damages sustained by the     
individual or liquidated damages in the 
amount of #aej1jjj1 and the cost of the 
action1 including reasonable attorney's 
fees and other litigation costs         
reasonably incurred2 and  7ii7 the court
 may1 in addition to any other relief   
available at law1 order equitable       
relief1 including a temporary           
restraining order1 a preliminary        
injunction1 or a permanent injunction   
ordering the defendant to cease display 
or disclosure of the image4  7,b7       
,preservation of anonymity ,in ordering 
relief under subparagraph 7,a71 the     
court may grant injunctive relief       
maintaining the confidentiality of a    
plaintiff using a pseudonym4  7#d7      
,exceptions ,a depicted individual may  
not bring an action for relief under    
this section relating to-- 7,a7 an      
intimate image that is commercial       
pornographic content unless-- 7i7 the   

content was produced by force1 fraud1   
misrepresentation1 or coercion of the   
depicted individual2 and  7ii7 the claim
 of force1 fraud1 misrepresentation1 or 
coercion under clause 7i7 is            
demonstrated through a preponderance of 
evidence2  7,b7 a disclosure made in    
good faith-- 7i7 to a law enforcement   
officer or agency2  7ii7 as part of a   
legal proceeding2  7iii7 as part of     
medical education1 diagnosis1 or        
treatment2 or  7iv7 in the reporting or 
investigation of-- 7,i7 unlawful        
content2 or  7,,ii7 unsolicited or      
unwelcome conduct2  7,c7 a matter of    
public concern or public interest2 or   
7,d7 a disclosure reasonably intended to
 assist the depicted individual4