PRIA, Government Policy, Made Personal

Summary

Allows a person to sue someone who shares an intimate image of them without permission across state lines or using interstate means (like the internet), when the sharer knew or recklessly ignored that the person did not agree. If the person in the image is under 18, dead, or unable to act, a guardian, family member, estate representative, or a court-appointed person can sue (but the defendant cannot be the representative). Saying someone agreed to make the image, or that they showed it to one person, does not mean they agreed to wider sharing. A winner can get actual money lost or a set $150,000 in damages, plus court costs and lawyer fees, and the court can order the sharer to stop showing the image (temporary or permanent). The court can also let the victim use a fake name in orders. Definitions (one line each): Commercial pornographic content — material covered by federal pornographic recordkeeping rules. Consent — a clear, voluntary yes without force, fraud, or pressure. Depicted individual — the person who appears and can be identified. Disclose — to give, publish, share, or make available. Intimate visual depiction — an image showing uncovered genitals, pubic area, anus, a post‑pubescent female nipple, sexual fluids, or a person doing sexual acts; public images count only if the person did not voluntarily show it or agree to the act. Sexually explicit conduct — the same kind of sexual acts defined in federal law. Exceptions include commercial porn if not produced by force or fraud, good‑faith reports to police or in court or for medical purposes, reporting unlawful or unwelcome conduct, matters of public interest, or disclosures meant to help the person.

Title 15, §6851

Commerce and Trade, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Commercial pornographic content

(2)Consent

The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.

(3)Depicted individual

The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction.

(4)Disclose

The term “disclose” means to transfer, publish, distribute, or make accessible.

(5)Intimate visual depiction

The term “intimate visual depiction”—

(A)means a visual depiction, as that term is defined in section 2256(5) of title 18, that depicts—

(i)the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or

(ii)the display or transfer of bodily sexual fluids—

(I)on to any part of the body of an identifiable individual;

(II)from the body of an identifiable individual; or

(III)an identifiable individual engaging in sexually explicit conduct and

(B)includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—

(i)voluntarily display the content depicted; or

(ii)consent to the sexual conduct depicted.

(6)Sexually explicit conduct

The term “sexually explicit conduct” has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18.

(b)Civil action

(1)Right of action

(A)In general

Except as provided in paragraph (4), an individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3).

(B)Rights on behalf of certain individuals

In the case of an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the identifiable individual’s estate, another family member, or any other person appointed as suitable by the court, may assume the identifiable individual’s’ 1 rights under this section, but in no event shall the defendant be named as such representative or guardian.

(2)Consent

For purposes of an action under paragraph (1)—

(A)the fact that the individual consented to the creation of the depiction shall not establish that the person consented to its distribution; and

(B)the fact that the individual disclosed the intimate visual depiction to someone else shall not establish that the person consented to the further disclosure of the intimate visual depiction by the person alleged to have violated paragraph (1).

(3)Relief

(A)In general

In a civil action filed under this section— (i)

(ii)the court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the visual depiction.

(B)Preservation of anonymity

In ordering relief under subparagraph (A), the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.

(4)Exceptions

An identifiable individual may not bring an action for relief under this section relating to—

(A)an intimate image that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual;

(B)a disclosure made in good faith—

(i)to a law enforcement officer or agency;

(ii)as part of a legal proceeding;

(iii)as part of medical education, diagnosis, or treatment; or

(iv)in the reporting or investigation of—

(I)unlawful content; or

(II)unsolicited or unwelcome conduct;

(C)a matter of public concern or public interest; or

(D)a disclosure reasonably intended to assist the identifiable individual.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–103, div. W, § 4, Mar. 15, 2022, 136 Stat. 846, provided that: “(a) In General.—Except as provided in subsection (b), this Act [div. W of Pub. L. 117–103, see Tables for classification] and the

Amendments

made by this Act shall not take effect until October 1 of the first fiscal year beginning after the date of enactment of this Act [Mar. 15, 2022]. “(b) Effective on Date of Enactment.—section 106, 107, 304, 606, 803, and 1306 [amending section 2265 of Title 18, Crimes and Criminal Procedure, section 1302a of Title 25, Indians, and section 21308 of Title 34, Crime Control and Law

Enforcement

] and any

Amendments

made by such sections shall take effect on the date of enactment of this Act.”

Severability

Pub. L. 117–103, div. W, § 6, Mar. 15, 2022, 136 Stat. 846, provided that: “If any provision of this Act [div. W of Pub. L. 117–103, see Tables for classification], an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the

Amendments

made by this Act, and the application of the provisions or amendment to any other person or circumstance, shall not be affected.” Definitions For definitions of terms used in this section, see section 12291 of Title 34, Crime Control and Law

Enforcement

, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34.

§6851 Civil Action Relating to Disclosure of Intimate Images

Summary

Title 15, §6851

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Enforcement

Amendments

Severability

Amendments

Enforcement

Citations & Metadata