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SECOND REGULAR SESSION
SENATE BILL NO. 1117
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
4960S.03I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 537 and 573, RSMo, by adding thereto two new sections relating to the
disclosure of 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 1
adding thereto two new sections, to be known as sections 537.043 2
and 573.570, to read as follows:3
537.043. 1. This section and section 573.570 shall be 1
known and may be cited as "The Taylor Swift Act". 2
2. As used in this section, the following terms mean: 3
(1) "Consent", a freely given agreement to the 4
disclosure of an intimate digital depiction as provided by 5
subsection 5 of this section. Assent does not constitute 6
consent if: 7
(a) It is given by a depicted individual who lacks the 8
mental capacity to authorize the disclosure of an intimate 9
digital depiction and such mental incapacity is manifest or 10
known to a person who discloses the intimate digital 11
depiction; 12
(b) It is given by a depicted individual who by reason 13
of youth, mental disease or defect, intoxication, a drug- 14
induced state, or any other reason is manifestly unable, or 15
known by the person who discloses an intimate digital 16
depiction to be unable, to make a reasonable judgment as to 17
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the nature or harmfulness of the disclosure of an intimate 18
digital depiction; or 19
(c) It is induced by force, duress, or deception; 20
(2) "Depicted individual", an individual who, as a 21
result of digitization or by means of digital manipulation, 22
appears in whole or in part in a digital depiction and who 23
is identifiable by virtue of the individual's face, 24
likeness, or other distinguishing characteristic, such as a 25
unique birthmark or other recognizable feature, or from 26
information displayed in connection with the digital 27
depiction; 28
(3) "Digital depiction", a realistic visual depiction 29
of an individual that has been created or altered using 30
digital manipulation; 31
(4) "Information content providers", any person or 32
entity that is responsible, in whole or in part, for the 33
creation or development of information provided through the 34
internet or any other interactive computer service; 35
(5) "Interactive computer service", any information 36
service, system or access software provider that provides or 37
enables computer access by multiple users to a computer 38
server, including specifically a service or system that 39
provides access to the internet and such systems operated or 40
services offered by libraries or educational institutions; 41
(6) "Intimate digital depiction", a digital depiction 42
of an individual that has been created or altered using 43
digital manipulation and that depicts: 44
(a) The uncovered genitals, pubic area, anus, or 45
postpubescent female nipple of the individual; 46
(b) The display or transfer of bodily sexual fluids: 47
a. Onto any part of the body of the individual; or 48
b. From the body of the individual; or 49
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(c) The individual engaging in sexually explicit 50
conduct; 51
(7) "Sexually explicit conduct", actual or simulated: 52
(a) Sexual intercourse, including genital-genital, 53
oral-genital, anal-genital, or oral-anal, whether between 54
individuals of the same or opposite sex; 55
(b) Bestiality; 56
(c) Masturbation; 57
(d) Sadistic or masochistic abuse; or 58
(e) Lascivious exhibition of the genitals or pubic 59
area of any individual. 60
3. Except as provided in subsection 9 or 12 of this 61
section, a depicted individual who is under eighteen years 62
of age and is the subject of a digital depiction or a 63
depicted individual who is the subject of an intimate 64
digital depiction that is disclosed without the consent of 65
the depicted individual where such disclosure was made by a 66
person who knows, or recklessly disregards, that the 67
depicted individual has not consented to such disclosure may 68
bring a civil action against that other person in an 69
appropriate circuit court for relief as set forth in 70
subsections 6 and 7 of this section. 71
4. In the case of a depicted individual who is under 72
eighteen years of age or is incompetent, incapacitated, or 73
deceased, the legal guardian of the depicted individual or 74
representative of the depicted individual's estate, another 75
family member, or any person appointed as suitable by the 76
court may assume the depicted individual's rights under this 77
section, but in no event shall a defendant be named as such 78
representative or guardian of the depicted individual. 79
5. For the purposes of an action brought pursuant to 80
subsection 3 or 4 of this section: 81
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(1) A depicted individual's consent to the creation of 82
the digital depiction shall not establish that the depicted 83
individual consented to the disclosure of the digital 84
depiction; 85
(2) Consent of disclosure of an intimate digital 86
depiction shall be deemed validly given only if: 87
(a) It is set forth in an agreement written in plain 88
language and signed knowingly and voluntarily by the 89
depicted individual; and 90
(b) The written agreement includes a general 91
description of the intimate digital depiction and, if 92
applicable, the audiovisual work into which the intimate 93
digital depiction will be incorporated. 94
6. In a civil action brought pursuant to this section, 95
a depicted individual may recover any of the following: 96
(1) An amount equal to the monetary gain made by the 97
defendant from the creation, development, or disclosure of 98
the digital depiction; 99
(2) Either of the following: 100
(a) The actual damages sustained by the depicted 101
individual as a result of the digital depiction, including 102
damages for emotional distress; or 103
(b) Liquidated damages in the amount of one hundred 104
fifty thousand dollars; 105
(3) Punitive damages; and 106
(4) The cost of the action, including reasonable 107
attorney's fees and court costs. 108
7. In a civil action brought pursuant to this section, 109
the court may, in addition to any other relief available at 110
law, order equitable relief, including a temporary 111
restraining order, a preliminary injunction, or a permanent 112
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injunction ordering the defendant to cease the display or 113
disclosure of the digital depiction. 114
8. In ordering relief pursuant to this section, the 115
court may grant injunctive relief maintaining the 116
confidentiality of a plaintiff by using a pseudonym. 117
9. A depicted individual shall not bring an action for 118
relief under this section if: 119
(1) The disclosure was made in good faith: 120
(a) To or by a law enforcement officer or agency in 121
the course of reporting or investigating unlawful conduct; or 122
(b) As part of a legal proceeding; 123
(2) The disclosure was a matter of legitimate public 124
concern or public interest, except that the disclosure shall 125
not be considered a matter of legitimate public interest or 126
public concern solely because the depicted individual is a 127
public figure; or 128
(3) The disclosure reasonably intended to assist the 129
depicted individual. 130
10. A court may authorize an in camera proceeding 131
under this section. 132
11. It shall not be a defense to an action under this 133
section that there is a disclaimer stating that the digital 134
depiction was unauthorized or that the depicted individual 135
did not participate in the creation or development of the 136
digital depiction. 137
12. A provider of an interactive computer service 138
shall not be held liable in an action brought pursuant to 139
this section for: 140
(1) Any action voluntarily taken in good faith to 141
restrict access to or availability of digital depictions; or 142
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(2) Any action taken to enable or make available to 143
information content providers or other persons the technical 144
means to restrict access to digital depictions. 145
573.570. 1. As used in this section, the following 1
terms mean: 2
(1) "Depicted individual", an individual who, as a 3
result of digitization or by means of digital manipulation, 4
appears in whole or in part in a digital depiction and who 5
is identifiable by virtue of the individual's face, 6
likeness, or other distinguishing characteristic, such as a 7
unique birthmark or other recognizable feature, or from 8
information displayed in connection with the digital 9
depiction; 10
(2) "Digital depiction", a realistic visual depiction 11
of an individual that has been created or altered using 12
digital manipulation; 13
(3) "Information content providers", any person or 14
entity that is responsible, in whole or in part, for the 15
creation or development of information provided through the 16
internet or any other interactive computer service; 17
(4) "Interactive computer service", any information 18
service, system or access software provider that provides or 19
enables computer access by multiple users to a computer 20
server, including specifically a service or system that 21
provides access to the internet and such systems operated or 22
services offered by libraries or educational institutions; 23
(5) "Intimate digital depiction", a digital depiction 24
of an individual that has been created or altered using 25
digital manipulation and that depicts: 26
(a) The uncovered genitals, pubic area, anus, or 27
postpubescent female nipple of the individual; 28
(b) The display or transfer of bodily sexual fluids: 29
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a. Onto any part of the body of the individual; or 30
b. From the body of the individual; or 31
(c) The individual engaging in sexually explicit 32
conduct; 33
(6) "Sexually explicit conduct", actual or simulated: 34
(a) Sexual intercourse, including genital-genital, 35
oral-genital, anal-genital, or oral-anal, whether between 36
persons of the same or opposite sex; 37
(b) Bestiality; 38
(c) Masturbation; 39
(d) Sadistic or masochistic abuse; or 40
(e) Lascivious exhibition of the genitals or pubic 41
area of any individual. 42
2. A person commits the offense of disclosure of a 43
digital depiction if the person discloses, or threatens to 44
disclose: 45
(1) A digital depiction of a depicted individual who 46
is under the age of eighteen; or 47
(2) An intimate digital depiction: 48
(a) With the intent to harass, annoy, threaten, alarm, 49
or cause substantial harm to the finances or reputation of 50
the depicted individual; or 51
(b) With the actual knowledge that or reckless 52
disregard for whether such disclosure or threatened 53
disclosure will cause physical, emotional, reputational, or 54
economic harm to the depicted individual. 55
3. (1) A violation of subsection 2 of this section 56
shall be a class E felony. 57
(2) A violation of subsection 2 of this section shall 58
be a class C felony if: 59
(a) The violation is a second or other subsequent 60
violation of subsection 2 of this section; or 61
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(b) The violation is such that the digital depiction 62
could be reasonably expected to: 63
a. Affect the conduct of any administrative, 64
legislative, or judicial proceeding of a federal, state, 65
local, or tribal government agency, including the 66
administration of an election or the conduct of foreign 67
relations; or 68
b. Facilitate violence. 69
4. It shall not be a defense to the offense of 70
disclosure of a digital depiction as provided by this 71
section that there is a disclaimer stating that the digital 72
depiction was unauthorized or that the depicted individual 73
did not participate in the creation or development of the 74
digital depiction. 75
5. For the purposes of this section, a provider of an 76
interactive computer service shall not have committed the 77
offense of disclosure of a digital depiction due to: 78
(1) Any action voluntarily taken in good faith to 79
restrict access to or availability of digital depictions; or 80
(2) Any action taken to enable or make available to 81
information content providers or other persons the technical 82
means to restrict access to digital depictions. 83
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