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SECOND REGULAR SESSION
HOUSE BILL NO. 2361
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SCHMIDT .
4792H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to altered sexual
depictions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.585, to read as follows:
537.585. 1. As used in this section, the following terms mean:
2 (1) "Altered sexual depiction", any visual depiction that, as a re sult of any type
3 of digital, electr onic, mechanical, or other modification, alteration, or adaptation,
4 depicts a realist ic version of an identifiable person:
5 (a) W ith the nude body parts of another person as the nude body parts of the
6 identifiable person;
7 (b) W ith computer -generated nude body parts as the nude body parts of the
8 identifiable person; or
9 (c) Engaging in sexual conduct in which the identifiable person did not engage;
10 (2) "Communication services", the transmission, conveyance, or rou ting of
11 voice, data, audio, video, or any other information or signals, including video services, to
12 a point, or between or among points, by or thr ough any electr onic, radio, satellite, cable,
13 optical, micr owave, or other medium or method now in existence or her eafter devised,
14 r egardless of the pr otocol used for such transmission or conveyance. The term includes
15 such transmission, conveyance, or routing for which computer pr ocessing applications
16 ar e used to act on the form, code, or protocol of the content for purposes of
17 transmission, conveyance, or rou ting without regard to whether such service is r eferr ed
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 to as voice over internet pro tocol services or is classified by the Federal
1 9 Communications Commission as enhanced or value-added. The term shall not include:
20 (a) Information services;
21 (b) Installation or maintenance of wiring or equipment on a customer's
22 pr emises;
23 (c) The sale or r ental of tangible personal pro perty;
24 (d) The sale of advertising including, but not limited to, dir ectory advertising;
25 (e) Bad check charges;
26 (f) Late payment charges;
27 (g) Billing and collection services; or
28 (h) Internet access service, email service, electr onic bulletin board service, or
29 similar online computer services;
30 (3) "Covered platform", a website, online service, online application, or mobile
31 application that serves the public and:
32 (a) That primarily pr ovides a forum for user -generated content, including
33 messages, videos, images, games, and audio files; or
34 (b) For which it is in the regula r course of trade or business of the website, online
35 service, online application, or mobile application to publish, curate, host, or make
36 available content of nonconsensual alter ed sexual depictions;
37 (4) "Generate", to cr eate, alter , adapt, or modify any image by electr onic,
38 mechanical, or other computer -generated means to portray an identifiable person or to
39 offer or agr ee to do the same;
40 (5) "Identifiable person", a person who is reco gnizable as an actual person by
41 the person's face, likeness, or other distinguishing characteristic, such as a unique
42 birthmark, or other recog nizable featur e;
43 (6) "Nude body parts", the human male or female genitals, pubic ar ea, or
44 buttocks with less than fully opaque covering; or the female brea st with less than a fully
45 opaque covering of any portion ther eof below the top of the nipple; or the depiction of
46 cover ed male genitals in a discernibly turgid state. The term does not include a breast-
47 feeding mother;
48 (7) "Pro mote", to issue, sell, give, pr ovide, lend, mail, deliver , transfer , transmit,
49 transmute, publish, distribute, cir culate, disseminate, pr esent, exhibit, send, post, shar e,
50 or advertise or to offer or agr ee to do the same;
51 (8) "V isual depiction", includes, but is not limited to, a photograph, pictur e,
52 image, motion picture, film, video, or other visual rep rese ntation.
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53 2. A person commits the offense of generating, soliciting, or promot ing or
54 possessing with the intent to pro mote an alter ed sexual depiction of an identifiable
55 person if the person:
56 (1) Generates any alter ed sexual depiction of an identifiable person without the
57 consent of the identifiable person;
58 (2) Solicits any alter ed sexual depiction of an identifiable person without the
59 consent of the identifiable person and knows or rea sonably should know that such visual
60 depiction is an alter ed sexual depiction; or
61 (3) W illfully and maliciously pr omotes, or possesses with the intent to
62 maliciously pr omote, any alter ed sexual depiction of an identifiable person without
63 the consent of the identifiable person and knows or rea sonably should know that such
64 visual depiction is an alter ed sexual depiction.
65 3. The offense of generating, soliciting, or promot ing or possessing with the
66 intent to pr omote an alter ed sexual depiction of an identifiable person is a class C felony .
67 4. Every act, thing, or transaction proh ibited by this section constitutes a
68 separate offense and is punishable as such.
69 5. The presence of a disclaimer within an alter ed sexual depiction that notifies a
70 viewer that the person or persons depicted did not consent to or participate in the
71 generation or pr omotion of the material, or that the person or persons depicted did not
72 actually perform the actions portrayed, is not a defense and does not reli eve a person of
73 criminal liability under this section.
74 6. An aggrieved person may initiate a civil action against a person who violates
75 subdivision (1) or (3) of subsection 2 of this section to obtain appr opriate relie f in order
76 to preven t or r emedy such violation, including all of the following:
77 (1) Injunctive rel ief;
78 (2) Monetary damages to include ten thousand dollars or actual damages
79 incurr ed as a res ult of a violation of subdivision (1) or (3) of subsection 2 of this section,
80 whichever is great er; and
81 (3) Reasonable attorney's fees and costs.
82 7. (1) No later than December 31, 2026, a cover ed platform shall establish a
83 pr ocess wher eby an identifiable person or an authorized person acting on behalf of such
84 person may:
85 (a) Notify the cover ed platform of an alter ed sexual depiction published on the
86 cover ed platform that includes a depiction of the identifiable person and was published
87 without the consent of the identifiable person; and
88 (b) Submit a reque st for the covered platform to rem ove such alter ed sexual
89 depiction.
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90 (2) A notification and requ est for re moval of an alter ed sexual depiction
91 submitted under subdivision (1) of this subsection shall include, in writing:
92 (a) A physical or electr onic signatur e of the identifiable person or authorized
93 person;
94 (b) An identification of, and information r easonably sufficient for the cover ed
95 platform to locate, the alter ed sexual depiction of the identifiable person;
96 (c) A brief statement that the identifiable person has a good faith belief that any
97 alter ed sexual depiction identified under paragraph (b) of this subdivision is not
98 consensual, including any releva nt information for the covered platform to determine
99 the alter ed sexual depiction was published without the consent of the identifiable
100 person; and
101 (d) Information sufficient to enable the cover ed platform to contact the
102 identifiable person or authorized person.
103 (3) A covere d platform shall pro vide on the platform a clear and conspicuous
104 notice, which may be pro vided thr ough a clear and conspicuous link to another web
105 page or disclosur e, of the notification and rem oval pr ocess established under subdivision
106 (1) of this subsection that:
107 (a) Is easy to read and in plain language; and
108 (b) Pr ovides information regard ing the res ponsibilities of the covered platform
109 under this subsection, including a description of how a person can submit a notification
110 and requ est for r emoval.
111 (4) Upon receiv ing a valid rem oval re quest fr om an identifiable person or an
112 authorized person using the proc ess described in subdivision (1) of this subsection, a
113 cover ed platform shall, as soon as practicable, but not later than forty-eight hours after
114 r eceiving such req uest:
115 (a) Remove the alter ed sexual depiction; and
116 (b) Make r easonable efforts to identify and rem ove any known identical copies
117 of such alter ed sexual depiction.
118 (5) A cover ed platform shall not be liable for any claim based on the cover ed
119 platform's good faith disabling of access to, or r emoval of, material claimed to be a
120 nonconsensual alter ed sexual depiction based on facts or cir cumstances fr om which the
121 unlawful publishing of an alter ed sexual depiction is appar ent, regard less of whether the
122 alter ed sexual depiction is ultimately determined to be unlawful.
123 (6) In addition to the rem edies under subsection 6 of this section, a failure to
124 r easonably comply with the notice and r emoval obligations under this subsection shall
125 be tr eated as an unfair practice under section 407.020, and the person or entity
126 r esponsible shall be subject to the penalties prov ided in section 407.020.
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127 (7) This subsection shall not apply to the following:
128 (a) An information service or a telecommunications service, as those terms ar e
129 defined in 47 U.S.C. Section 153, pro viding services for content pr ovided by another
130 person;
131 (b) Email;
132 (c) Except as prov ided in paragraph (b) of subdivision (3) of subsection 1 of this
133 section, an online service, application, or website:
134 a. That consists primarily of content that is not user generated but is preselect ed
135 by the prov ider of such online service, application, or website; and
136 b. For which any chat, comment, or interactive functionality is incidental to,
137 dir ectly r elated to, or dependent on the pr ovision of the content described in
138 subparagraph a. of this paragraph.
139 8. The criminal and civil penalties pro vided in this section shall not apply to:
140 (1) A provi der of an interactive computer service as defined in 47 U.S.C. Section
141 230(f)(2), of an information service as defined in 47 U.S.C. Section 153, or of a
142 communications service that pro vides the transmission, storage, or caching of electr onic
143 communications or messages of others; another r elated telecommunications or
14 4 commer cial mobile radio service; or content pr ovided by another person;
145 (2) A law enforcem ent officer as defined in section 590.502, or any local, state,
146 federal, or military law enfor cement agency engaged in the performance of his or her
147 duties as a law enforcem ent officer or the duties of the law enforcem ent agency;
148 (3) A person rep orting unlawful activity; or
149 (4) A person participating in a hearing, trial, or other legal pr oceeding.
150 9. A violation of this section is committed within this state if any conduct that is
151 an element of the offense, or any harm to the depicted person r esulting fr om the offense,
152 occurs within this state.
153 10. Pr osecution of a person for an offense under this section shall not preclu de
154 pr osecution of that person in this state for a violation of any other law of this state,
155 including a law pr oviding for great er penalties than pr escribed in this section or any
156 other crime rel ated to child pornography or the sexual performance or the sexual
157 exploitation of children .
✔
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