§6851 Civil action relating to disclosure of intimate images

Summary

Lets someone sue if their private sexual photos or videos are shared across state lines or by means that involve interstate or foreign commerce (for example, online) without their clear permission, when the person who shared them knew or recklessly ignored that there was no permission. Key words: commercial pornographic content = material covered by 18 U.S.C. 2257 record-keeping; consent = a clear, voluntary yes given without force or trickery; depicted individual = the person shown who can be identified; disclose = to share, publish, or make accessible; intimate visual depiction = an image showing exposed genitals, a post-pubescent female nipple, sexual fluids on or from a person, or a sex act; sexually explicit conduct = the meaning used in 18 U.S.C. 2256(2). A victim can get actual money lost or $150,000 instead, plus court costs and reasonable lawyer fees, and ask the court to stop more sharing or remove the image. A guardian, family member, or court-appointed representative can sue for minors, incapacitated, or dead people (but not the defendant). Consent to make an image or to share it with one person does not mean permission to share it more widely. No lawsuit is allowed for commercial pornographic content unless it was made by force, fraud, or coercion, or for certain good-faith or public-interest disclosures (like to police, in court, for medical care, reporting unlawful content, or to help the depicted person).