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SECOND REGULAR SESSION
SENATE BILL NO. 1506
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
6400S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 537.585, to read as 2
follows:3
537.585. 1. As used in this section, the following 1
terms mean: 2
(1) "Altered sexual depiction", any visual depiction 3
that, as a result of any type of digital, electronic, 4
mechanical, or other modification, alteration, or 5
adaptation, depicts a realistic version of an identifiable 6
person: 7
(a) With the nude body parts of another person as the 8
nude body parts of the identifiable person; 9
(b) With computer-generated nude body parts as the 10
nude body parts of the identifiable person; or 11
(c) Engaging in sexual conduct in which the 12
identifiable person did not engage; 13
(2) "Communication services", the transmission, 14
conveyance, or routing of voice, data, audio, video, or any 15
other information or signals, including video services, to a 16
point, or between or among points, by or through any 17
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electronic, radio, satellite, cable, optical, microwave, or 18
other medium or method now in existence or hereafter 19
devised, regardless of the protocol used for such 20
transmission or conveyance. The term "communication 21
services" includes such transmission, conveyance, or routing 22
for which computer processing applications are used to act 23
on the form, code, or protocol of the content for purposes 24
of transmission, conveyance, or routing without regard to 25
whether such service is referred to as voice over internet 26
protocol services or is classified by the Federal 27
Communications Commission as enhanced or value-added. The 28
term "communication services" shall not include: 29
(a) Information services; 30
(b) Installation or maintenance of wiring or equipment 31
on a customer's premises; 32
(c) The sale or rental of tangible personal property; 33
(d) The sale of advertising including, but not limited 34
to, directory advertising; 35
(e) Bad check charges; 36
(f) Late payment charges; 37
(g) Billing and collection services; or 38
(h) Internet access service, email service, electronic 39
bulletin board service, or similar online computer services; 40
(3) "Covered platform", a website, online service, 41
online application, or mobile application that serves the 42
public and: 43
(a) That primarily provides a forum for user-generated 44
content, including messages, videos, images, games, and 45
audio files; or 46
(b) For which it is in the regular course of trade or 47
business of the website, online service, online application, 48
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or mobile application to publish, curate, host, or make 49
available content of nonconsensual altered sexual depictions; 50
(4) "Generate", to create, alter, adapt, or modify any 51
image by electronic, mechanical, or other computer-generated 52
means to portray an identifiable person or to offer or agree 53
to do the same; 54
(5) "Identifiable person", a person who is 55
recognizable as an actual person by the person's face, 56
likeness, or other distinguishing characteristic, such as a 57
unique birthmark, or other recognizable feature; 58
(6) "Nude body parts", the human male or female 59
genitals, pubic area, or buttocks with less than fully 60
opaque covering; or the female breast with less than a fully 61
opaque covering of any portion thereof below the top of the 62
nipple; or the depiction of covered male genitals in a 63
discernibly turgid state. The term "nude body parts" does 64
not include a breast-feeding mother; 65
(7) "Promote", to issue, sell, give, provide, lend, 66
mail, deliver, transfer, transmit, transmute, publish, 67
distribute, circulate, disseminate, present, exhibit, send, 68
post, share, or advertise or to offer or agree to do the 69
same; 70
(8) "Visual depiction", includes, but is not limited 71
to, a photograph, picture, image, motion picture, film, 72
video, or other visual representation. 73
2. A person commits the offense of generating, 74
soliciting, or promoting or possessing with the intent to 75
promote an altered sexual depiction of an identifiable 76
person if the person: 77
(1) Generates any altered sexual depiction of an 78
identifiable person without the consent of the identifiable 79
person; 80
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(2) Solicits any altered sexual depiction of an 81
identifiable person without the consent of the identifiable 82
person and knows or reasonably should know that such visual 83
depiction is an altered sexual depiction; or 84
(3) Willfully and maliciously promotes, or possesses 85
with the intent to maliciously promote, any altered sexual 86
depiction of an identifiable person without the consent of 87
the identifiable person and knows or reasonably should know 88
that such visual depiction is an altered sexual depiction. 89
3. The offense of generating, soliciting, or promoting 90
or possessing with the intent to promote an altered sexual 91
depiction of an identifiable person is a class C felony. 92
4. Every act, thing, or transaction prohibited by this 93
section constitutes a separate offense and is punishable as 94
such. 95
5. The presence of a disclaimer within an altered 96
sexual depiction that notifies a viewer that the person or 97
persons depicted did not consent to or participate in the 98
generation or promotion of the material, or that the person 99
or persons depicted did not actually perform the actions 100
portrayed, is not a defense and does not relieve a person of 101
criminal liability under this section. 102
6. An aggrieved person may initiate a civil action 103
against a person who violates subdivision (1) or (3) of 104
subsection 2 of this section to obtain appropriate relief in 105
order to prevent or remedy such violation, including all of 106
the following: 107
(1) Injunctive relief; 108
(2) Monetary damages to include ten thousand dollars 109
or actual damages incurred as a result of a violation of 110
subdivision (1) or (3) of subsection 2 of this section, 111
whichever is greater; and 112
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(3) Reasonable attorney's fees and costs. 113
7. (1) No later than December 31, 2026, a covered 114
platform shall establish a process whereby an identifiable 115
person or an authorized person acting on behalf of such 116
identifiable person may: 117
(a) Notify the covered platform of an altered sexual 118
depiction published on the covered platform that includes a 119
depiction of the identifiable person and was published 120
without the consent of the identifiable person; and 121
(b) Submit a request for the covered platform to 122
remove such altered sexual depiction. 123
(2) A notification and request for removal of an 124
altered sexual depiction submitted under subdivision (1) of 125
this subsection shall include, in writing: 126
(a) A physical or electronic signature of the 127
identifiable person or authorized person; 128
(b) An identification of, and information reasonably 129
sufficient for the covered platform to locate, the altered 130
sexual depiction of the identifiable person; 131
(c) A brief statement that the identifiable person has 132
a good faith belief that any altered sexual depiction 133
identified under paragraph (b) of this subdivision is not 134
consensual, including any relevant information for the 135
covered platform to determine the altered sexual depiction 136
was published without the consent of the identifiable 137
person; and 138
(d) Information sufficient to enable the covered 139
platform to contact the identifiable person or authorized 140
person. 141
(3) A covered platform shall provide on the platform a 142
clear and conspicuous notice, which may be provided through 143
a clear and conspicuous link to another web page or 144
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disclosure, of the notification and removal process 145
established under subdivision (1) of this subsection that: 146
(a) Is easy to read and in plain language; and 147
(b) Provides information regarding the 148
responsibilities of the covered platform under this 149
subsection, including a description of how a person can 150
submit a notification and request for removal. 151
(4) Upon receiving a valid removal request from an 152
identifiable person or an authorized person using the 153
process described in subdivision (1) of this subsection, a 154
covered platform shall, as soon as practicable, but not 155
later than forty-eight hours after receiving such request: 156
(a) Remove the altered sexual depiction; and 157
(b) Make reasonable efforts to identify and remove any 158
known identical copies of such altered sexual depiction. 159
(5) A covered platform shall not be liable for any 160
claim based on the covered platform's good faith disabling 161
of access to, or removal of, material claimed to be a 162
nonconsensual altered sexual depiction based on facts or 163
circumstances from which the unlawful publishing of an 164
altered sexual depiction is apparent, regardless of whether 165
the altered sexual depiction is ultimately determined to be 166
unlawful. 167
(6) In addition to the remedies under subsection 6 of 168
this section, a failure to reasonably comply with the notice 169
and removal obligations under this subsection shall be 170
treated as an unfair practice under section 407.020, and the 171
person or entity responsible shall be subject to the 172
penalties provided in section 407.020. 173
(7) This subsection shall not apply to the following: 174
(a) An information service or a telecommunications 175
service, as those terms are defined in 47 U.S.C. Section 176
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153, providing services for content provided by another 177
person; 178
(b) Email; 179
(c) Except as provided in paragraph (b) of subdivision 180
(3) of subsection 1 of this section, an online service, 181
application, or website: 182
a. That consists primarily of content that is not user 183
generated but is preselected by the provider of such online 184
service, application, or website; and 185
b. For which any chat, comment, or interactive 186
functionality is incidental to, directly related to, or 187
dependent on the provision of the content described in 188
subparagraph a. of this paragraph. 189
8. The criminal and civil penalties provided in this 190
section shall not apply to: 191
(1) A provider of an interactive computer service as 192
defined in 47 U.S.C. Section 230(f)(2), of an information 193
service as defined in 47 U.S.C. Section 153, or of a 194
communications service that provides the transmission, 195
storage, or caching of electronic communications or messages 196
of others; another related telecommunications or commercial 197
mobile radio service; or content provided by another person; 198
(2) A law enforcement officer as defined in section 199
590.502, or any local, state, federal, or military law 200
enforcement agency engaged in the performance of his or her 201
duties as a law enforcement officer or the duties of the law 202
enforcement agency; 203
(3) A person reporting unlawful activity; or 204
(4) A person participating in a hearing, trial, or 205
other legal proceeding. 206
9. A violation of this section is committed within 207
this state if any conduct that is an element of the offense, 208
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or any harm to the depicted person resulting from the 209
offense, occurs within this state. 210
10. Prosecution of a person for an offense under this 211
section shall not preclude prosecution of that person in 212
this state for a violation of any other law of this state, 213
including a law providing for greater penalties than 214
prescribed in this section or any other crime related to 215
child pornography, sexual performance by a child, or sexual 216
exploitation of a minor. 217
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