SPONSOR: Hausman
This bill establishes "The Taylor Swift Act" which creates a civil cause of action against a person who discloses a digital depiction, as defined in the bill, of an individual who is under 18 years of age or an intimate digital depiction, as defined in the bill, of an individual and who knows or recklessly disregards the fact that the individual has not consented to such disclosure.
The depicted individual may recover damages, as specified in the bill, along with injunctive relief. An action cannot be brought if the disclosure was made in good faith to or by a law enforcement officer in the course of reporting or investigating unlawful conduct or as part of a legal proceeding; or if the disclosure was a matter of legitimate public concern or interest or if the disclosure reasonably intended to assist the depicted individual.
The bill also creates the criminal offense of disclosure of a digital depiction. A person commits the offense if the person discloses, or threatens to disclose:
(1) A digital depiction of an individual who is under 18 years of age; or
(2) An intimate digital depiction with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual or with the actual knowledge that or reckless disregard for whether the disclosure or threat of disclosure will cause harm to the depicted individual.
A person will be guilty of a Class E felony for the first offense or a Class C felony for any second and subsequent offenses.
It will not be a defense in a civil or criminal proceeding that there is a disclaimer stating that the digital depiction was unauthorized or that the depicted individual did not participate in the creation or development of the digital depiction.
A provider of an interactive computer service must not be held civilly or criminally liable for actions voluntarily taken in good faith to restrict access to or availability of digital depictions or actions taken to enable or make available to information content providers, or other persons, the technical means to restrict access to digital depictions.
This bill is similar to SB 1117 (2026).
Statutes affected: