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An Act
ENROLLED SENATE
BILL NO. 2182 By: Howard of the Senate
and
Moore of the House
An Act relating to civil remedies; creating the
Uniform Civil Remedies for Unauthorized Disclosure of
Intimate Images Act; defining terms; authorizing
cause of action for the intentional disclosure or
threatened disclosure of an intimate image without
the depicted individual's consent; limiting use of
prior consent; providing for a reasonable expectation
of privacy under certain circumstances; defining
terms; establishing the burden of proof for the
disclosing party to not be found liable under this
act; excluding from liability defendants who are
parents, legal guardians, or individuals with legal
custody of a child unless plaintiff meets certain
burden of proof; prohibiting a finding of public
concern or public interest solely based on the
depicted individual being a public figure; excluding
certain date providers from being liable unless the
provider had actual knowledge the specific content
constitutes an intimate image disclosed without
consent and failed to remove or disable access to the
content; authorizing the exclusion or redaction of
identifying characteristics of the plaintiff in court
proceedings; providing for recovery of damages by
prevailing plaintiff; authorizing the court to award
a prevailing plaintiff reasonable attorney fees and
costs and other additional relief including
injunctive relief; providing a statute of limitations
of four years for actions brought under this act;
applying tolling statutes; tolling actions for
depicted individuals who are minors on the date of
disclosure or threatened disclosure; construing
provisions; providing for codification; and providing
an effective date.
ENR. S. B. NO. 2182 Page 2
SUBJECT: Civil remedies
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1121 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Uniform Civil
Remedies for Unauthorized Disclosure of Intimate Images Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1122 of Title 12, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Consent” means affirmative, conscious, and voluntary
authorization by an individual with legal capacity to give
authorization;
2. “Depicted individual” means an individual whose body is
shown in whole or in part in an intimate image;
3. “Disclose” or “disclosure” means transfer, publication, or
distribution to another person;
4. “Identifiable” means recognizable by a person other than the
depicted individual:
a. from an intimate image itself, or
b. from an intimate image and identifying characteristic
displayed in connection with the intimate image;
5. “Identifying characteristic” means information that may be
used to identify a depicted individual;
6. “Individual” means a human being;
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7. “Intimate image” means a photograph, film, video recording,
or other similar medium that shows:
a. the uncovered genitals, pubic area, anus, or female
post-pubescent nipple of a depicted individual, or
b. a depicted individual engaging in or being subjected
to sexual conduct;
8. “Person” means an individual, estate, business or nonprofit
entity, public corporation, government or governmental subdivision,
agency, or instrumentality, or other legal entity; and
9. “Sexual conduct” includes:
a. masturbation,
b. genital, anal, or oral sexual intercourse,
c. sexual penetration of, or with, an object,
d. bestiality, or
e. the transfer of semen onto a depicted individual.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1123 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Harm” includes physical harm, economic harm, and emotional
distress whether or not accompanied by physical or economic harm;
and
2. “Private” means:
a. created or obtained under circumstances in which a
depicted individual had a reasonable expectation of
privacy, or
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b. made accessible through theft, bribery, extortion,
fraud, false pretenses, voyeurism, or exceeding
authorized access to an account, message, file,
device, resource, or property.
B. Except as otherwise provided in Section 4 of this act, a
depicted individual who is identifiable and who suffers harm from a
person’s intentional disclosure or threatened disclosure of an
intimate image that was private without the depicted individual’s
consent shall have a cause of action against the person if the
person knew that the content was of the type prohibited.
C. Consent to creation of the image or previous consensual
disclosure of the image by a depicted individual shall not establish
by itself that the individual consented to the disclosure of the
intimate image that is the subject of an action under this act or
that the individual lacked a reasonable expectation of privacy.
D. A depicted individual who does not consent to the sexual
conduct or uncovering of the part of the body depicted in an
intimate image of the individual shall retain a reasonable
expectation of privacy even if the image was created when the
individual was in a public place.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1124 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Child” means an unemancipated individual who is less than
eighteen (18) years of age; and
2. “Parent” means an individual recognized as a parent under
the laws of this state.
B. A person shall not be liable under this act if the person
proves that disclosure of, or a threat to disclose, an intimate
image was:
1. Made in good faith:
ENR. S. B. NO. 2182 Page 5
a. to law enforcement,
b. in a legal proceeding, or
c. during medical education or treatment;
2. Made in good faith in the reporting or investigation of:
a. unlawful conduct, or
b. unsolicited and unwelcome conduct;
3. Related to a matter of public concern or public interest; or
4. Reasonably intended to assist the depicted individual.
C. Subject to subsection D of this section, a defendant who is
a parent, legal guardian, or individual with legal custody of a
child shall not be liable under this act for a disclosure or
threatened disclosure of an intimate image of the child.
D. If a defendant asserts an exception to liability under
subsection C of this section, the exception shall not apply if the
plaintiff proves the disclosure was:
1. Prohibited by law; or
2. Made for the purpose of sexual arousal, sexual
gratification, humiliation, degradation, or monetary or commercial
gain.
E. Disclosure of, or a threat to disclose, an intimate image
shall not be a matter of public concern or public interest solely
because the depicted individual is a public figure.
F. A provider of cloud computing, data storage, web hosting, or
other infrastructure services shall not be liable under this act
solely by reason of providing such services to a person who
discloses or threatens to disclose an intimate image, provided that
the provider:
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1. Does not have actual knowledge that the specific content
constitutes an intimate image disclosed without consent under this
act; or
2. Upon obtaining actual knowledge of such content, acts
expeditiously to remove or disable access to the content.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1125 of Title 12, unless there
is created a duplication in numbering, reads as follows:
In a cause of action filed pursuant to this act:
1. The court may exclude or redact from all pleadings and
documents filed in the action other identifying characteristics of
the plaintiff;
2. A plaintiff to whom paragraph 1 of this section applies
shall file with the court and serve on the defendant a confidential
information form that includes the excluded or redacted plaintiff’s
name and other identifying characteristics; and
3. The court may make further orders as necessary to protect
the identity and privacy of a plaintiff.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1126 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. In a cause of action filed pursuant to this act, a
prevailing plaintiff may recover:
1. The greater of:
a. economic and noneconomic damages proximately caused by
the defendant’s disclosure or threatened disclosure,
including damages for emotional distress whether or
not accompanied by other damages, or
b. statutory damages not to exceed Ten Thousand Dollars
($10,000.00) against each defendant found liable under
this act for all disclosures and threatened
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disclosures by the defendant of which the plaintiff
knew or reasonably should have known when filing the
action or which became known during the pendency of
the action. In determining the amount of statutory
damages under this subparagraph, consideration shall
be given to the age of the parties at the time of the
disclosure or threatened disclosure, the number of
disclosures or threatened disclosures made by the
defendant, the breadth of distribution of the image by
the defendant, and other exacerbating or mitigating
factors;
2. An amount equal to any monetary gain made by the defendant
from disclosure of the intimate image; and
3. Punitive damages as allowed under law of this state other
than this act.
B. In a cause of action filed pursuant to this act, the court
may award a prevailing plaintiff:
1. Reasonable attorney fees and costs; and
2. Additional relief, including injunctive relief.
C. This act shall not affect any other right or remedy
available under the laws of this state.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1127 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. An action authorized by subsection B of Section 3 of this
act for:
1. An unauthorized disclosure may not be brought later than
four (4) years from the date the disclosure was discovered or should
have been discovered with the exercise of reasonable diligence; and
2. A threat to disclose may not be brought later than four (4)
years from the date of the threat to disclose was made.
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B. Except as otherwise provided in subsection C of this
section, this section shall be subject to the tolling statutes of
this state.
C. In an action under subsection B of Section 3 of this act by
a depicted individual who was a minor on the date of the disclosure
or threat to disclose, the time specified in subsection A of this
section shall not begin to run until the depicted individual attains
the age of majority.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1128 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be construed to be consistent with the
Communications Decency Act of 1996, 47 U.S.C., Section 230.
B. This act may not be construed to alter the laws of this
state on sovereign immunity.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1129 of Title 12, unless there
is created a duplication in numbering, reads as follows:
In applying and construing this uniform act, consideration shall
be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
SECTION 10. This act shall become effective November 1, 2026.
ENR. S. B. NO. 2182 Page 9
Passed the Senate the 14th day of May, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________