Chapter 21D. Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images.

§ 7–2161. Definitions.

For the purposes of this chapter, 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:

(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;

(D) Bestiality; or

(E) The transfer of semen onto a depicted individual.

§ 7–2162. 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 § 7-2163, 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 chapter 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.

§ 7–2163. Exceptions to liability.

(a) A person is not liable under this chapter 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.

§ 7–2164. Plaintiff's privacy.

In an action under this chapter:

(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.

§ 7–2165. Remedies.

(a) In an action under this chapter, 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 chapter 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.

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

(1) Reasonable attorney's fees and costs; and

(2) Additional relief, including injunctive relief.

§ 7–2166. Statute of limitations.

(a) An action under § 7-2162(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 § 7-2162(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.

§ 7–2167. Construction.

This chapter 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).

§ 7–2168. 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.

§ 7–2169. Severability.

If any provision of this chapter, an amendment made by this chapter, 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 chapter, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.