HB 2012

This bill generally authorizes an individual who is the subject of an intimate image that is distributed in violation of the offense of unlawful exposure on or after July 1, 2026 , to bring a civil action against the distributor in an appropriate court . The court may authorize an in camera proceeding for such an action. For purposes of such an action ( i ) a n individual's consent to the creation of the intimate image does not establish that the individual consented to distribution and ( ii ) c onsent is deemed valid ly given only if t he consent is set forth in an agreement written in plain language signed knowingly and voluntarily by the individual depicted in the intimate image and t he consent includes a general description of the intimate image to be distributed. As used in this bill, "intimate image"" means a photograph, video recording, or social media broadcast of ( i ) t he intimate part or parts of an identifiable person or ( ii ) a n identifiable person engaged in sexually explicit conduct . However, t his bill provides that it is not a defense to such an action that there is a disclaimer stating that the distribution was unauthorized. RELIEF IN CIVIL ACTIONS In such a n action, this bill authorizes an individual to recover any of the following:  An amount equal to any monetary gain made by the defendant from the distribution .  Either (i) t he actual damages sustained by the individual as a result of the distribution, including damages for emotional distress or (ii) liquidated damages in the amount of $150, 000 .  Punitive damages.  The cost of the action. In such a n action, this bill authorizes a court to, 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 distribution of the intimate image. In ordering such relief, the court may grant injunctive relief that maintains the confidentiality of a plaintiff by using a pseudonym. EXEMPTIONS TO RELIEF This bill prohibits an identifiable individual from bring ing an action for such relief relating to either of the following:  A distribution the defendant can show was made in good faith (i) t o or by a law enforcement officer or agency in the course of reporting or investigating unlawful activity or unsolicited or unwelcome conduct or (ii) a s part of a legal proceeding .  A distribution made in good faith and reasonably intended to assist the individual. Additionally, this bill provides that a provider of an interactive computer service or an information service or telecommunications service is not liable on account of any of the following:  Any action voluntarily taken in good faith to restrict access to or availability of an intimate image .  Any action taken to enable or make available to information content providers or other persons the technical means to restrict access to an intimate image .  Any content provided by another person in violation of this bill ."