B 25-0484 — Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2023

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 25-484___________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________________________________________ To enact the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, to create a civil cause of action for victims of unauthorized disclosure of private, intimate images, to provide for actual damages, statutory damages, punitive damages, and disgorgement of profits, to authorize the Superior Court to grant the victim attorney’s fees and other relief, such as injunctive relief;relief, to provide procedures to enable victims of such disclosures to protect their identity in court proceedings, and for other purposes.

andBE toIT provideENACTED proceduresBY toTHE enableCOUNCIL victimsOF ofTHE suchDISTRICT disclosuresOF toCOLUMBIA, protectThat theirthis identityact inmay courtbe proceedings,cited andas the “Uniform Civil Remedies for otherUnauthorized purposes.Disclosure of Intimate Images Act of 2024”.

9 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2024”.

DefinitionsDefinitions. For the purposes of this act, the term:

For the purposes of this act, the term:

(4) “District”“Identifiable” means therecognizable Districtby ofa Columbia.person other than the depicted individual:

ENGROSSED ORIGINAL (5) “Identifiable” means recognizable by a person other than the depicted individual:

(6)(5) “Identifying characteristic” means information that may be used to identify a depicted individual.

(7)(6) “Individual” means a human being.

(8)(7) “Intimate image” means a photograph, film, video recording, or other similar medium that shows:

ENROLLED ORIGINAL (A) The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual;

(9)(8) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(10)(9) “Sexual conduct” includes:

ENGROSSED ORIGINAL (C) Sexual penetration of, or with, an object;

ENGROSSED ORIGINAL (c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this act or that the individual lacked a reasonable expectation of privacy:

ENROLLED ORIGINAL Sec.

ENGROSSED ORIGINAL Sec.

In determining the amount of statutory damages under this subparagraph, consideration must be given to the age of the parties at the ENGROSSED ORIGINAL time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;

ENROLLED ORIGINAL (b) In an action under this act, the court may award a prevailing plaintiff:

ENGROSSED ORIGINAL (b) In an action under section 3(b) by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (a) of this section does not begin to run until the depicted individual attains the age of majority.

This act mustshall be construed to be consistent with section 230 of the Communications Decency Act of 1934, approved February 8, 1996 (110 Stat.

139;137;

ENROLLED ORIGINAL Sec.

ENGROSSED ORIGINAL This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 5