ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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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, to provide procedures to enable victims of
such disclosures to protect their identity in court proceedings, and for other purposes.
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”.
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) “Consent” means affirmative, conscious, and voluntary authorization by an
individual with legal capacity to give authorization.
(2) “Depicted individual” means an individual whose body is shown in whole or
in part in an intimate image.
(3) “Disclose” and “disclosure” means transfer, publication, or distribution to
another person.
(4) “Identifiable” means recognizable by a person other than the depicted
individual:
(A) From an intimate image itself; or
(B) From an intimate image and identifying characteristic displayed in
connection with the intimate image.
(5) “Identifying characteristic” means information that may be used to identify a
depicted individual.
(6) “Individual” means a human being.
(7) “Intimate image” means a photograph, film, video recording, or other similar
medium that shows:
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(A) The uncovered genitals, pubic area, anus, or female post-pubescent
nipple of a depicted individual; or
(B) A depicted individual engaging in or being subjected to sexual
conduct.
(8) “Person” means an individual, estate, business or nonprofit entity, public
corporation, government or governmental subdivision, agency, or instrumentality, or other legal
entity.
(9) “Sexual conduct” includes:
(A) Masturbation;
(B) Genital, anal, or oral sex;
(C) Sexual penetration of, or with, an object;
(D) Bestiality; or
(E) The transfer of semen onto a depicted individual.
Sec. 3. Civil action.
(a) For the purposes of this section, the term:
(1) “Harm” includes physical harm, economic harm, and emotional distress
whether or not accompanied by physical or economic harm.
(2) “Private” means:
(A) Created or obtained under circumstances in which a depicted
individual had a reasonable expectation of privacy; or
(B) Made accessible through theft, bribery, extortion, fraud, false
pretenses, voyeurism, or exceeding authorized access to an account, message, file, device,
resource, or property.
(b) Except as otherwise provided in section 4, a depicted individual who is identifiable
and who suffers harm from a person’s intentional disclosure or threatened disclosure of an
intimate image that was private without the depicted individual’s consent has a cause of action
against the person if the person knew or acted with reckless disregard for whether:
(1) The depicted individual did not consent to the disclosure;
(2) The intimate image was private; and
(3) The depicted individual was identifiable.
(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:
(1) Consent to creation of the image; or
(2) Previous consensual disclosure of the image.
(d) A depicted individual who does not consent to the sexual conduct or uncovering of
the part of the body depicted in an intimate image of the individual retains a reasonable
expectation of privacy even if the image was created when the individual was in a public place.
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Sec. 4. Exceptions to liability.
(a) A person is not liable under this act if the person proves that disclosure of, or a threat
to disclose, an intimate image was made reasonably, relevantly, and in good faith:
(1) To report unlawful or unsolicited activity or in pursuance of a legal,
professional, or other lawful obligation;
(2) To assist the depicted person;
(3) For legitimate medical, scientific, or educational purposes;
(4) As part of a relevant document production or filing associated with a legal
proceeding; or
(5) In service of the public interest.
(b) Disclosure of, or a threat to disclose, an intimate image is not a matter of public
concern or public interest solely because the depicted individual is a public figure.
Sec. 5. Plaintiff’s privacy.
In an action under this act:
(1) The court may exclude or redact from all pleadings and documents filed in the
action other identifying characteristics of the plaintiff;
(2) A plaintiff to whom paragraph (1) of this section applies shall file with the
court and serve on the defendant a confidential information form that includes the excluded or
redacted plaintiff’s name and other identifying characteristics; and
(3) The court may make further orders as necessary to protect the identity and
privacy of a plaintiff.
Sec. 6. Remedies.
(a) In an action under this act, a prevailing plaintiff may recover:
(1) The greater of:
(A) Economic and noneconomic damages proximately caused by the
defendant’s disclosure or threatened disclosure, including damages for emotional distress
whether or not accompanied by other damages; or
(B) Statutory damages not to exceed $10,000 against each defendant
found liable under this act for all disclosures and threatened disclosures by the defendant of
which the plaintiff knew or reasonably should have known when filing the action or which
became known during the pendency of the action. In determining the amount of statutory
damages under this subparagraph, consideration must be given to the age of the parties at the
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;
(2) An amount equal to any monetary gain made by the defendant from disclosure
of the intimate image; and
(3) Punitive damages.
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(b) In an action under this act, the court may award a prevailing plaintiff:
(1) Reasonable attorney’s fees and costs; and
(2) Additional relief, including injunctive relief.
(c) This act does not affect a right or remedy available under law of the District other
than this act.
Sec. 7. Statute of limitations.
(a) An action under section 3(b) for:
(1) An unauthorized disclosure may not be brought later than 4 years from the
date the disclosure was discovered or should have been discovered with the exercise of
reasonable diligence; and
(2) A threat to disclose may not be brought later than 4 years from the date of the
threat to disclose.
(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.
Sec. 8. Construction.
This act shall be construed to be consistent with section 230 of the Communications
Decency Act of 1934, approved February 8, 1996 (110 Stat. 137; 47 U.S.C. § 230).
Sec. 9. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 10. Severability
If any provision of this act, an amendment made by this act, or the application of such a
provision or amendment to any person or circumstance, is held to be unconstitutional, the
remaining provisions of and amendments made by this act, and the application of the provision
or amendment held to be unconstitutional to any other person or circumstance, shall not be
affected thereby.
Sec. 11. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
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Sec. 12. Effective date.
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. 813; D.C. Official Code § 1-206.02(c)(1)).
______________________________
Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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