15 USC 6851 - Civil action relating to disclosure of intimate images

U.S Code last checked for updates: May 02, 2024

§ 6851.

Civil action relating to disclosure of intimate images

(a)

Definitions

In this section:

(1)

Commercial pornographic content

(2)

Consent

(3)

Depicted individual

(4)

Disclose

(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 1

 So in original.

(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

(b)

Civil action

(1)

Right of action

(A)

In general

(B)

Rights on behalf of certain individuals

(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)

an individual may recover the actual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred; and

(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

(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.

(Pub. L. 117–103, div. W, title XIII, § 1309, Mar. 15, 2022, 136 Stat. 929.)

cite as: 15 USC 6851