House File 233 - Enrolled
House File 233
AN ACT
CREATING A CIVIL REMEDY FOR THE DISCLOSURE OF PRIVATE, SEXUALLY
EXPLICIT IMAGES WITHOUT CONSENT OF THE DEPICTED INDIVIDUAL.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 659A.1 Short title.
2 This chapter may be cited as the “Uniform Civil Remedies for
3 Unauthorized Disclosure of Intimate Images Act”.
4 Sec. 2. NEW SECTION. 659A.2 Definitions.
5 As used in this chapter, unless the context otherwise
6 requires:
7 1. “Consent” means affirmative, conscious, and voluntary
8 authorization by an individual with legal capacity to give
9 authorization.
10 2. “Depicted individual” means an individual whose body is
11 shown in whole or in part in an intimate image.
12 3. “Disclosure” means transfer, publication, or distribution
13 to another person. “Disclose” has a corresponding meaning.
14 4. “Identifiable” means recognizable by a person other than
15 the depicted individual from any of the following:
16 a. An intimate image itself.
17 b. An intimate image and identifying characteristic
18 displayed in connection with the intimate image.
19 5. “Identifying characteristic” means information that may
20 be used to identify a depicted individual.
21 6. “Individual” means a human being.
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22 7. “Intimate image” means a photograph, film, video
23 recording, or other similar medium that shows any of the
24 following:
25 a. The uncovered genitals, pubic area, anus, or female
26 post-pubescent nipple of a depicted individual.
27 b. A depicted individual engaging in or being subjected to
28 sexual conduct.
29 8. “Person” means an individual, estate, business
30 or nonprofit entity, public corporation, government or
31 governmental subdivision, agency, or instrumentality, or other
32 legal entity.
33 9. “Sexual conduct” includes all of the following:
34 a. Masturbation, which means the same as “masturbate” as
35 defined in section 709.9, subsection 2, paragraph “c”.
1 b. Genital, anal, or oral sex.
2 c. Sexual penetration of, or with, an object.
3 d. Bestiality.
4 e. The transfer of semen onto a depicted individual.
5 Sec. 3. NEW SECTION. 659A.3 Civil action.
6 1. As used in this section, unless the context otherwise
7 requires:
8 a. “Harm” includes physical harm, economic harm, and
9 emotional distress whether or not accompanied by physical or
10 economic harm.
11 b. “Private” means any of the following:
12 (1) Created or obtained under circumstances in which a
13 depicted individual had a reasonable expectation of privacy.
14 (2) Made accessible through theft, bribery, extortion,
15 fraud, false pretenses, voyeurism, or exceeding authorized
16 access to an account, message, file, device, resource, or
17 property.
18 2. Except as otherwise provided in section 659A.4, a
19 depicted individual who is identifiable and who suffers harm
20 from a person’s intentional disclosure or threatened disclosure
21 of an intimate image that was private without the depicted
22 individual’s consent has a cause of action against the person
23 if the person knew, or acted with reckless disregard regarding,
24 all of the following:
25 a. The depicted individual did not consent to the
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26 disclosure.
27 b. The intimate image was private.
28 c. The depicted individual was identifiable.
29 3. The following conduct by a depicted individual does
30 not establish by itself that the individual consented to the
31 disclosure of the intimate image which is the subject of an
32 action under this chapter or that the individual lacked a
33 reasonable expectation of privacy:
34 a. Consent to creation of the image.
35 b. Previous consensual disclosure of the image.
1 4. A depicted individual who does not consent to the
2 sexual conduct or uncovering of the part of the body depicted
3 in an intimate image of the individual retains a reasonable
4 expectation of privacy even if the image was created when the
5 individual was in a public place.
6 Sec. 4. NEW SECTION. 659A.4 Exceptions to liability.
7 1. As used in this section, unless the context otherwise
8 requires:
9 a. “Child” means an unemancipated individual who is less
10 than eighteen years of age.
11 b. “Parent” means an individual recognized as a parent under
12 law of this state other than this chapter.
13 2. A person is not liable under this chapter if the person
14 proves that disclosure of, or a threat to disclose, an intimate
15 image was any of the following:
16 a. Made in good faith in any of the following circumstances:
17 (1) Law enforcement.
18 (2) A legal proceeding.
19 (3) Medical education or treatment.
20 b. Made in good faith in the reporting or investigation of
21 any of the following:
22 (1) Unlawful conduct.
23 (2) Unsolicited and unwelcome conduct.
24 c. Related to a matter of public concern or public interest.
25 d. Reasonably intended to assist the depicted individual.
26 3. Subject to subsection 4, a defendant who is a person
27 responsible for the care of a child as defined in section
28 232.68 is not liable under this chapter for a disclosure or
29 threatened disclosure of an intimate image, as defined in
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30 section 659A.2, subsection 7, paragraph “a”, of the child.
31 4. If a defendant asserts an exception to liability under
32 subsection 3, the exception does not apply if the plaintiff
33 proves the disclosure was any of the following:
34 a. Prohibited by law other than this chapter.
35 b. Made for the purpose of sexual arousal, sexual
1 gratification, humiliation, degradation, or monetary or
2 commercial gain.
3 5. Disclosure of, or a threat to disclose, an intimate image
4 is not a matter of public concern or public interest solely
5 because the depicted individual is a public figure.
6 Sec. 5. NEW SECTION. 659A.5 Plaintiff’s privacy.
7 In an action under this chapter all of the following are
8 true:
9 1. Identifying characteristics of the plaintiff shall be
10 redacted from all pleadings and documents filed in the action
11 under rule of civil procedure 1.422, without court order.
12 2. A plaintiff to whom subsection 1 applies shall file with
13 the court and serve on the defendant a protected information
14 form, pursuant to rule of electronic procedure 16.606, that
15 includes the excluded or redacted plaintiff’s name and other
16 identifying characteristics.
17 3. The court may make further orders as necessary to protect
18 the identity and privacy of a plaintiff.
19 Sec. 6. NEW SECTION. 659A.6 Remedies.
20 1. In an action under this chapter, a prevailing plaintiff
21 may recover all of the following:
22 a. The greater of the following:
23 (1) Economic and noneconomic damages proximately caused by
24 the defendant’s disclosure or threatened disclosure, including
25 damages for emotional distress whether or not accompanied by
26 other damages.
27 (2) Statutory damages not to exceed ten thousand dollars
28 against each defendant found liable under this chapter for all
29 disclosures and threatened disclosures by the defendant of
30 which the plaintiff knew or reasonably should have known when
31 filing the action or which became known during the pendency of
32 the action. In determining the amount of statutory damages
33 under this subparagraph, consideration shall be given to all
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34 of the following:
35 (a) The age of the parties at the time of the disclosure or
1 threatened disclosure.
2 (b) The number of disclosures or threatened disclosures
3 made by the defendant.
4 (c) The breadth of distribution of the image by the
5 defendant.
6 (d) Other exacerbating or mitigating factors.
7 b. An amount equal to any monetary gain made by the
8 defendant from disclosure of the intimate image.
9 c. Punitive damages as allowed under chapter 668A.
10 2. In an action under this chapter, the court may award a
11 prevailing plaintiff all of the following:
12 a. Reasonable attorney fees and costs.
13 b. Additional relief, including injunctive relief.
14 3. This chapter does not affect a right or remedy available
15 under law of this state other than this chapter.
16 Sec. 7. NEW SECTION. 659A.7 Statute of limitations.
17 1. An action under section 659A.3, subsection 2, for:
18 a. An unauthorized disclosure shall not be brought later
19 than four years from the date the disclosure was discovered or
20 should have been discovered with the exercise of reasonable
21 diligence.
22 b. A threat to disclose shall not be brought later than four
23 years from the date of the threat to disclose.
24 2. This section is subject to section 614.8.
25 Sec. 8. NEW SECTION. 659A.8 Construction.
26 This chapter shall be construed to be consistent with the
27 Communications Decency Act of 1996, 47 U.S.C. §230.
28 Sec. 9. NEW SECTION. 659A.9 Uniformity of application and
29 construction.
30 In applying and construing this chapter, consideration shall
31 be given to the need to promote uniformity of the law with
32 respect to its subject matter among states that enact it.
33 Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
34 to read as follows:
35 2. Except as provided in section 614.1, subsection 9, the
1 times limited for actions in this chapter, or chapter 216,
2 659A, 669, or 670, except those brought for penalties and
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3 forfeitures, are extended in favor of minors, so that they
4 shall have one year from and after attainment of majority
5 within which to file a complaint pursuant to chapter 216, to
6 make a claim pursuant to chapter 669, or to otherwise commence
7 an action.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 233, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor
Statutes affected: Introduced: 659A.4
Reprinted: 709.9
Enrolled: 709.9