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SECOND REGULAR SESSION
HOUSE BILL NO. 1913
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WILLIAMS.
5514H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 537 and 573, RSMo, by adding thereto two new sections relating to the
disclosure of intimate digital depictions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 537 and 573, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 537.043 and 573.570, to read as follows:
537.043. 1. As used in this section, the following terms shall mean:
2 (1) "Consent", consent or lack of consent may be expr essed or implied. Assent
3 does not constitute consent if:
4 (a) It is given by a person who lacks the mental capacity to authorize the conduct
5 charged to constitute the offense and such mental incapacity is manifest or known to the
6 cr eator;
7 (b) It is given by a person who by reas on of youth, mental disease or defect,
8 intoxication, a drug-induced state, or any other r eason is manifestly unable or known by
9 the creat or to be unable to make a re asonable judgment as to the nature or harmfulness
10 of the conduct charged to constitute the offense; or
11 (c) It is induced by for ce, dur ess, or deception;
12 (2) "Cr eator", any person who utilizes or deploys artificial intelligence or other
13 digital technology to generate synthetic media. "Cr eator" shall not include the provi der
14 or developer of any technology used in the creat ion of synthetic media;
15 (3) "Depicted individual", an individual who, as a r esult of digitization or by
16 means of digital manipulation, appears in whole or in part in an intimate digital
17 depiction and who is identifiable by virtue of the individual’ s face, likeness, or other
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 distinguishing characteristic, such as a unique birthmark or other r ecognizable featur e,
19 or fr om information displayed in connection with the digital depiction;
20 (4) "Digital depiction", a reali stic visual depiction of an individual that has been
21 cr eated or alter ed using digital manipulation;
22 (5) "Intimate digital depiction", a digital depiction of an individual that has been
23 cr eated or alter ed using digital manipulation and that depicts:
24 (a) The uncovered genitals, pubic ar ea, anus, or postpubescent female nipple of
25 an identifiable individual;
26 (b) The display or transfer of bodily sexual fluids:
27 a. Onto any part of the body of an identifiable individual; or
28 b. Fr om the body of an identifiable individual; or
29 (c) An identifiable individual engaging in sexually explicit conduct;
30 (6) "Sexually explicit conduct", actual or simulated:
31 (a) Sexual interc ourse, including genital-genital, oral-genital, anal-genital, or
32 oral-anal, whether between persons of the same or opposite sex;
33 (b) Bestiality;
34 (c) Masturbation;
35 (d) Sadistic or masochistic abuse; or
36 (e) Lascivious exhibition of the genitals or pubic ar ea of any person.
37 2. Except as provi ded in subsection 8 of this section, an individual who is the
38 subject of an intimate digital depiction that is disclosed without the consent of the
39 individual where such disclosur e was made by a cre ator who knows that or reckless ly
40 disr egards whether the individual has not consented to such disclosur e may bring a civil
41 action against that other person in an appr opriate cir cuit court for r elief as set forth in
42 subsections 5 and 6 of this section.
43 3. In the case of an individual who is under eighteen years of age or is
44 incompetent, incapacitated, or deceased, the legal guardian of the individual or
45 r epresent ative of the individual's estate, another family member , or any person
46 appointed as suitable by the court may assume the individual's rights under this section,
47 but in no event shall the defendant be named as such rep res entative or guardian.
48 4. For the purposes of an action under subsection 2 or 3 of this section:
49 (1) An individual's consent to the crea tion of the intimate digital depiction shall
50 not establish that the individual consented to its disclosur e;
51 (2) Consent shall be deemed validly given only if:
52 (a) It is set forth in an agr eement written in plain language signed knowingly and
53 voluntarily by the depicted individual; and
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54 (b) The written agree ment includes a general description of the intimate digital
55 depiction and, if applicable, the audiovisual work into which the depiction will be
56 incorporated.
57 5. In a civil action filed under this section, an individual may re cover any of the
58 following:
59 (1) An amount equal to the monetary gain made by the defendant fr om the
60 cr eation, development, or disclosure of the intimate digital depiction;
61 (2) Either of the following:
62 (a) The actual damages sustained by the individual as a res ult of the intimate
63 digital depiction, including damages for emotional distr ess; or
64 (b) Liquidated damages in the amount of one hundred fifty thousand dollars;
65 (3) Punitive damages; and
66 (4) The cost of the action, including r easonable attorney's fees and other
67 litigation costs reas onably incurr ed.
68 6. In a civil action filed under this section, a court may , in addition to any other
69 r elief available at law , order equitable r elief including a temporary res training order , a
70 pr eliminary injunction, or a permanent injunction ordering the defendant to cease
71 display or disclosure of the intimate digital depiction.
72 7. In ordering r elief under this section, the court may grant injunctive relie f
73 maintaining the confidentiality of a plaintiff by using a pseudonym.
74 8. An identifiable individual shall not bring an action for rel ief under this section
75 r elating to:
76 (1) A disclosur e made in good faith:
77 (a) T o or by a law enforc ement officer or agency in the course of repo rting or
78 investigating unlawful activity or unsolicited or unwelcome conduct; or
79 (b) As part of a legal pr oceeding;
80 (2) A matter of legitimate public concern or public interes t, except that it shall
81 not be consider ed a matter of legitimate public interes t or public concern solely because
82 the depicted individual is a public figur e; or
83 (3) A disclosur e r easonably intended to assist the identifiable individual.
84 9. A court may authorize an in camera pro ceeding under this section.
85 10. It shall not be a defense to an action under this section that ther e is a
86 disclaimer stating that the intimate digital depiction of the depicted individual was
87 unauthorized or that the depicted individual did not participate in the cre ation or
88 development of the material.
89 1 1. For the purposes of this section, a pr ovider of an interactive computer service
90 shall not be held liable due to:
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91 (1) Any action voluntarily taken in good faith to r estrict access to or availability
92 of intimate digital depictions;
93 (2) Content pr ovided by another person; or
94 (3) Any action taken to enable or make available to information content
95 pr oviders or other persons the technical means to re strict access to intimate digital
96 depictions.
573.570. 1. As used in this section, the following terms shall mean:
2 (1) "Depicted individual", an individual who, as a r esult of digitization or by
3 means of digital manipulation, appears in whole or in part in an intimate digital
4 depiction and who is identifiable by virtue of the individual’ s face, likeness, or other
5 distinguishing characteristic, such as a unique birthmark or other r ecognizable featur e,
6 or fr om information displayed in connection with the digital depiction;
7 (2) "Digital depiction", a reali stic visual depiction of an individual that has been
8 cr eated or alter ed using digital manipulation;
9 (3) "Intimate digital depiction", a digital depiction of an individual that has been
10 cr eated or alter ed using digital manipulation and that depicts:
11 (a) The uncovered genitals, pubic ar ea, anus, or postpubescent female nipple of
12 an identifiable individual;
13 (b) The display or transfer of bodily sexual fluids:
14 a. Onto any part of the body of an identifiable individual; or
15 b. Fr om the body of an identifiable individual; or
16 (c) An identifiable individual engaging in sexually explicit conduct;
17 (4) "Sexually explicit conduct", actual or simulated:
18 (a) Sexual interc ourse, including genital-genital, oral-genital, anal-genital, or
19 oral-anal, whether between persons of the same or opposite sex;
20 (b) Bestiality;
21 (c) Masturbation;
22 (d) Sadistic or masochistic abuse; or
23 (e) Lascivious exhibition of the genitals or pubic ar ea of any person.
24 2. A person commits the offense of disclosur e of an intimate digital depiction if
25 the person discloses or thr eatens to disclose an intimate digital depiction:
26 (1) With the intent to harass, annoy , thr eaten, alarm, or cause substantial harm
27 to the finances or r eputation of the depicted individual; or
28 (2) W ith the actual knowledge that, or r eckless disr egard for whether , such
29 disclosur e or thr eatened disclosure will cause physical, emotional, repu tational, or
30 economic harm to the depicted individual.
31 3. (1) A violation of subsection 2 of this section shall be a class E felony .
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32 (2) A violation of subsection 2 of this section shall be a class C felony if:
33 (a) The violation is a second or other subsequent violation of subsection 2 of this
34 section; or
35 (b) The violation is such that the digital depiction could be reas onably expected
36 to:
37 a. Affect the conduct of any administrative, legislative, or judicial pr oceeding of
38 a federal, state, local, or tribal government agency , including the administration of an
39 election or the conduct of for eign relat ions; or
40 b. Facilitate violence.
41 4. It shall not be a defense to an action under this section that ther e is a
42 disclaimer stating that the intimate digital depiction of the depicted individual was
43 unauthorized or that the depicted individual did not participate in the cre ation or
44 development of the material.
45 5. Nothing in this section shall be construed to impose liability upon the
46 following entities:
47 (1) An interactive computer service, as defined in 47 U.S.C. Section 230(f)(2);
48 (2) A prov ider of public mobile services or private mobile radio services, as those
49 terms are defined under section 573.1 10; and
50 (3) A telecommunications network or br oadband pr ovider .
✔
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