Establishes provisions relating to the civil and criminal liability of disclosure of digital depictions

SB 1117 - This act establishes "The Taylor Swift Act" which establishes a cause of action against a person who discloses a digital depiction, as defined in this act, of an individual who is under eighteen years of age or an intimate digital depiction, as defined in this act, of an individual and who knows or recklessly disregards the fact that the individual has not consented to such disclosure as provided in the act. The depicted individual may recover damages as described in the act along with injunctive relief. An action shall not 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. Additionally, an action shall not be brought if the disclosure was a matter of legitimate public concern or interest or if the disclosure reasonably intended to assist the depicted individual. This act provides that a person commits the offense of disclosure of a digital depiction if the person discloses, or threatens to disclose: (1) A digital depiction of an individual who is under eighteen 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 such disclosure or threat of disclosure will cause harm to the depicted individual. Any such person shall be guilty of a class E felony for the first offense or a class C felony for any second and subsequent offenses or if the actions could reasonably be expected to affect the conduct of governmental proceedings or facilitate violence. Furthermore, it shall not be a defense to civil or criminal actions brought pursuant to this act 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. Lastly, a provider of an interactive computer service shall not be held civilly or criminally liable under this act 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 act is similar to provisions in HCS/HBs 1887, 2361, 1913, 2862 & 2321 (2026) and HCS/HBs 3393 & 2392 (2026), in SCS/HS/HCS/HBs 3068 & 3049 (2026), HB 362 (2025), SB 411 (2025), SB 1424 (2024), HB 2573 (2024), and contains a provision similar to a provision in SCS/SB 928 (2026), in the truly agreed to and finally passed SS#2/SB 999 (2026), in SB 1747 (2026), SB 1748 (2026), in the truly agreed to and finally passed SS/SCS/HCS/HBs 2273, 1946, 1814 & 2551 (2026), in the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 2637 & 3155 (2026), in HB 3246 (2026), and in SB 1444 (2024).