Government of the District of Columbia
UNIFORM LAW COMMISSION
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September 19, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
The John A. Wilson Building,
1350 Pennsylvania Avenue, NW
Washington, DC 20004
RE: Request for introduction of the Uniform Civil Remedies for Unauthorized
Disclosure of Intimate Images Act of 2023.
Dear Chairman Mendelson:
Pursuant to Rule 401(b)(1) of the Rules of Organization and Procedure for the
Council, this is to request, on behalf of the District of Columbia Uniform Law
Commission, that you introduce the proposed “Uniform Civil Remedies for Unauthorized
Disclosure of Intimate Images Act of 2023.”
This Uniform Act complements the Criminalization of Non-Consensual
Pornography Act of 2014, D.C. Law 20-275, D.C. Code §§ 22-3051 to 22-3057, which
criminalizes the unauthorized disclosure of a sexual image of another person. The
Uniform Act creates a civil cause of action for victims of unauthorized disclosure of
private, intimate images. It provides for actual damages, statutory damages, punitive
damages, and disgorgement of profits. Moreover, it authorizes the court to grant the
victim attorney’s fees and other relief, such as injunctive relief. It also provides
procedures to enable victims of such disclosures to protect their identity in court
proceedings.
The Uniform Act was completed by the National Conference of Commissioners
on Uniform State Laws in 2018 and has been enacted, thus far, in nine states and has
been introduced in an additional two states.
A proposed “Uniform Civil Remedies for Unauthorized Disclosure of Intimate
Images Act of 2023.” is being filed with this letter. In addition, the following documents
have been filed: (1) a summary of the Uniform Act; (2) a statement as to why the
Uniform Act should be adopted; and (3) the official version of the Uniform Civil
Remedies for Unauthorized Disclosure of Intimate Images Act with comments.
 I would be pleased to answer any questions and to provide any additional
information requested.
Sincerely,
James C. McKay, Jr.
Chair
D.C. Uniform Law Commission
cc: Uniform Law Commissioners
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3 &irmanPhil Mendelson at the request of the
4 District of Columbia Uniform Law Commission
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10 A BILL
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15 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 To enact the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, to
18 create a civil cause of action for victims of unauthorized disclosure of private, intimate
19 images, to provide for actual damages, statutory damages, punitive damages, and
20 disgorgement of profits, to authorize the Superior Court to grant the victim attorney's
21 fees and other relief, such as injunctive relief, to provide procedures to enable victims of
22 such disclosures to protect their identity in court proceedings, and for other purposes.
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24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25 act may be cited as the "Uniform Civil Remedies for Unauthorized Disclosure oflntimate
26 Images Act of 2023".
27 Sec. 1. Short title.
28 This act may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of
29 Intimate Images Act.
30 Sec. 2. Definitions.
31 In this act:
32 (1) "Consent" means affirmative, conscious, and voluntary authorization by an individual
33 with legal capacity to give authorization.
34 (2) "Depicted individual" means an individual whose body is shown in whole or in part
35 in an intimate image.
36 (3) “Disclosure” means transfer, publication, or distribution to another person. “Disclose”
37 has a corresponding meaning.
38 (4) “District means the District of Columbia.
39 (5) “Identifiable” means recognizable by a person other than the depicted individual:
40 (A) From an intimate image itself; or
41 (B) From an intimate image and identifying characteristic displayed in connection
42 with the intimate image.
43 (6) “Identifying characteristic” means information that may be used to identify a depicted
44 individual
45 (7) “Individual” means a human being.
46 (8) “Intimate image” means a photograph, film, video recording, or other similar medium
47 that shows:
48 (A) The uncovered genitals, pubic area, anus, or female post-pubescent nipple of
49 a depicted individual; or
50 (B) A depicted individual engaging in or being subjected to sexual conduct.
51 (9) “Person” means an individual, estate, business or nonprofit entity, public corporation,
52 government or governmental subdivision, agency, or instrumentality, or other legal entity.
53 (10) “Sexual conduct” includes:
54 (A) Masturbation;
55 (B) Genital, anal, or oral sex;
56 (C) Sexual penetration of, or with, an object;
57 (D) Bestiality; or
58 (E) The transfer of semen onto a depicted individual.
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59 Sec. 3. Civil action.
60 (a) In this section:
61 (1) “Harm” includes physical harm, economic harm, and emotional distress
62 whether or not accompanied by physical or economic harm.
63 (2) “Private” means:
64 (A) Created or obtained under circumstances in which a depicted
65 individual had a reasonable expectation of privacy; or
66 (B) Made accessible through theft, bribery, extortion, fraud, false
67 pretenses, voyeurism, or exceeding authorized access to an account, message, file, device,
68 resource, or property.
69 (b) Except as otherwise provided in section 4, a depicted individual who is identifiable
70 and who suffers harm from a person’s intentional disclosure or threatened disclosure of an
71 intimate image that was private without the depicted individual’s consent has a cause of action
72 against the person if the person knew or acted with reckless disregard for whether:
73 (1) The depicted individual did not consent to the disclosure;
74 (2) The intimate image was private; and
75 (3) The depicted individual was identifiable.
76 (c) The following conduct by a depicted individual does not establish by itself that the
77 individual consented to the disclosure of the intimate image which is the subject of an action
78 under this act or that the individual lacked a reasonable expectation of privacy:
79 (1) Consent to creation of the image; or
80 (2) Previous consensual disclosure of the image.
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 81 (d) A depicted individual who does not consent to the sexual conduct or uncovering of
82 the part of the body depicted in an intimate image of the individual retains a reasonable
83 expectation of privacy even if the image was created when the individual was in a public place.
84 Sec. 4. Exceptions to liability.
85 (a) In this section:
86 (1) “Child” means an unemancipated individual who is less than 18 years of age.
87 (2) “Parent” means an individual recognized as a parent under law of the District
88 other than this act.
89 (b) A person is not liable under this act if the person proves that disclosure of, or a threat
90 to disclose, an intimate image was:
91 (1) Made in good faith in
92 (A) Law enforcement;
93 (B) A legal proceeding; or
94 (C) Medical education or treatment;
95 (2) Made in good faith in the reporting or investigation of:
96 (A) Unlawful conduct; or
97 (B) Unsolicited and unwelcome conduct;
98 (3) Related to a matter of public concern or public interest; or
99 (4) Reasonably intended to assist the depicted individual.
100 (c) Subject to subsection (d), a defendant who is a parent, legal guardian, or individual
101 with legal custody of a child is not liable under this act for a disclosure or threatened disclosure
102 of an intimate image of the child.
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103 (d) If a defendant asserts an exception to liability under subsection (c), the exception does
104 not apply if the plaintiff proves the disclosure was:
105 (1) Prohibited by law other than this act; or
106 (2) Made for the purpose of sexual arousal, sexual gratification, humiliation,
107 degradation, or monetary or commercial gain.
108 (e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public
109 concern or public interest solely because the depicted individual is a public figure.
110 Legislative Note: In subsection (c), a state should insert the appropriate term for an individual
111 with legal custody other than a parent.
112 Sec. 5. Plaintiff’s privacy.
113 In an action under this act:
114 (1) The court may exclude or redact from all pleadings and documents filed in the action
115 other identifying characteristics of the plaintiff;
116 (2) A plaintiff to whom paragraph (1) applies shall file with the court and serve on the
117 defendant a confidential information form that includes the excluded or redacted plaintiff’s name
118 and other identifying characteristics; and
119 (3) The court may make further orders as necessary to protect the identity and privacy of
120 a plaintiff.
121 Sec. 6. Remedies.
122 (a) In an action under this act, a prevailing plaintiff may recover:
123 (1) The greater of:
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124 (A) Economic and noneconomic damages proximately caused by the
125 defendant’s disclosure or threatened disclosure, including damages for emotional distress
126 whether or not accompanied by other damages; or
127 (B) Statutory damages not to exceed $10,000 against each defendant
128 found liable under this act for all disclosures and threatened disclosures by the defendant of
129 which the plaintiff knew or reasonably should have known when filing the action or which
130 became known during the pendency of the action. In determining the amount of statutory
131 damages under subsection (a)(1)(B), consideration must be given to the age of the parties at the
132 time of the disclosure or threatened disclosure, the number of disclosures or threatened
133 disclosures made by the defendant, the breadth of distribution of the image by the defendant, and
134 other exacerbating or mitigating factors;
135 (2) An amount equal to any monetary gain made by the defendant from disclosure
136 of the intimate image; and
137 (3) Punitive damages.
138 (b) In an action under this act, the court may award a prevailing plaintiff:
139 (1) Reasonable attorney’s fees and costs; and
140 (2) Additional relief, including injunctive relief.
141 (c) This act does not affect a right or remedy available under law of the District other
142 than this act.
143 Sec. 7. Statute of limitations.
144 (a) An action under section 3(b) for:
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145 (1) An unauthorized disclosure may not be brought later than four years from the
146 date the disclosure was discovered or should have been discovered with the exercise of
147 reasonable diligence; and
148 (2) A threat to disclose may not be brought later than four years from the date of
149 the threat to disclose.
150 (b) In an action under section 3(b) by a depicted individual who was a minor on the date
151 of the disclosure or threat to disclose, the time specified in subsection (a) does not begin to run
152 until the depicted individual attains the age of majority.
153 Sec. 8. Construction.
154 This act must be construed to be consistent with the Communications Decency Act of
155 1996, 47 U.S.C. § 230.
156 Sec. 9. Uniformity of application and construction.
157 In applying and construing this uniform act, consideration must be given to the need to
158 promote uniformity of the law with respect to its subject matter among states that enact it.
159 Sec. 10. Fiscal impact statement.
160 The Council adopts the fiscal impact statement in the committee report as the fiscal
161 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
162 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3))
163 Sec. 12. Effective date.
164 This act shall take effect following approval by the Mayor (or in the event of veto by the
165 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
166 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
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167 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
168 Columbia Register.
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 111 N. Wabash Ave.
Suite 1010
Uniform Law Commission Chicago, IL 60602
(312) 450-6600 tel
(312) 450-6601 fax
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
www.uniformlaws.org
THE UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT
- A Summary -
The disclosure of private images of nudity or sexual conduct without consent and for no
legitimate purpose can cause severe and often irreversible harm. Intimate images are disclosed
without the depicted individual’s consent for a variety of reasons. Some are disclosed for
recreation or profit, without any purpose to harm the depicted individual. Others are disclosed as
part of an effort to control, punish, extort, or otherwise inflict harm on current or former intimate
partners. Once an intimate image of a victim is made available on a website or social media
platform, it can become accessible to anyone with internet access, any of whom could download,
forward, share, and copy it. Additionally, some victims find their personal safety is at heightened
risk after an unauthorized disclosure is made. Incidents of disclosing intimate images without
consent are increasing nationally. States had adopted criminal laws to address this issue;
however, most states do not have civil laws providing the victim a civil remedy, and the existing
laws differ considerably in their definitions, scope, effectiveness, and remedies. This lack of
uniformity creates confusion and inefficiency and leaves victims without a clear means to stop
the harm or seek redress. A uniform law will provide victims and disclosers with a uniform
remedy and defense. In response to this issue, the Uniform Law Commission promulgated the
Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act (UCRUDIIA)
in 2018.
Section 3 of the UCRUDIIA creates a cause of action for the unauthorized disclosure of intimate
images. The basic elements of this cause of action are:
(1) an intentional disclosure or threat to disclose;
(2) a private;
(3) intimate image;
(4) of an identifiable individual;
(5) without the consent of the depicted individual;
(6) by a person who has the requisite awareness that:
(a) the depicted individual did not consent to the disclosure,
(b) the intimate image was private, and
(c) the depicted individual was identifiable; and
(7) the disclosure harms the depicted individual.
Two options for the requisite awareness that may give rise to civil liability are offered in the act:
(1) the discloser knew or (2) the discloser knew or acted with reckless disregard.
Section 4 provides for exceptions to liability for disclosures made in good faith in law
enforcement, legal proceedings, medical education or treatment, or reporting or investigation of
unlawful or unwelcome conduct. Section 4 also provides exceptions to liability for disclosures
related to a matter of public concern or public interest, or reasonably intended to assist the
depicted individual. Section 4 further provides that a discloser who is a child’s parent, legal
The ULC is a nonprofit formed in 1892 to create nonpartisan state legislation. Over 350 volunteer commissioners—
lawyers, judges, law professors, legislative staff, and others—work together to draft laws ranging from the Uniform
Commercial Code to acts on property, trusts and estates, family law, criminal law and other areas where uniformity of
state law is desirable.
 111 N. Wabash Ave.
Suite 1010
Uniform Law Commission Chicago, IL 60602
(312) 450-6600 tel
(312) 450-6601 fax
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
www.uniformlaws.org
guardian, or individual with legal custody of the child, is not liable under the Act for the
disclosure or threatened disclosure of an intimate image, unless the disclosure was prohibited by
law other than this act or made for the purpose of sexual arousal, sexual gratification,
humiliation, degradation, or monetary or commercial gain.
Section 5 protects the privacy of a plaintiff. This section allows the plaintiff to use a pseudonym
and otherwise protect his or her identity. Section 5 further permits the court to exclude or redact
other identifying characteristics of the plaintiff from all pleadings and documents filed in the
action. To exercise this right,