Remedies and Special Proceedings

Plain English Breakdown

The effectiveness and enforcement of this law after July 1, 2026, are uncertain as it has not yet taken effect.

Civil Action for Unlawful Distribution of Intimate Images

This bill allows individuals whose intimate images are unlawfully distributed without their consent to sue the distributor in court and recover damages.

What This Bill Does

• Allows people who have had their intimate images shared without permission to file a lawsuit against the person who shared them.
• Requires that for consent to be valid, it must be written in plain language and signed by the person depicted, with details about what will be distributed.
• Enables courts to order the distributor to stop sharing or displaying the image and award damages including emotional distress and punitive damages.
• Exempts certain distributions made in good faith for law enforcement purposes or legal proceedings from being sued.
• Protects internet service providers who take actions to restrict access to such images.

Who It Names or Affects

• People whose intimate images are shared without their consent can sue the distributor.
• Internet service providers and telecommunications companies are protected if they act in good faith to remove or limit access to these images.
• Law enforcement officers and agencies are exempt from lawsuits when sharing images for investigative purposes.

Terms To Know

Intimate image

A photograph, video recording, or social media broadcast showing private body parts or sexually explicit conduct of an identifiable person.

In camera proceeding

A court hearing held in private to protect the confidentiality of a plaintiff.

Limits and Unknowns

• The bill does not specify what constitutes 'plain language' for consent agreements.
• It is unclear how courts will determine if an image distribution was made in good faith.

Official Summary Text

This
bill generally authorizes
an individual who is the subject of an intimate image that is distributed in violation of
the offense of unlawful exposure
on or after July 1, 2026
,

to
bring a civil action against
the distributor
in an appropriate court
. The
court
may
authorize an in camera proceeding
for such an action.
For purposes of
such
an action

(
i
)
a
n individual's consent to the creation of the intimate image does not establish that the individual consented to distribution and

(
ii
)
c
onsent is deemed valid
ly given only if
t
he consent is set forth in an agreement written in plain language signed knowingly and voluntarily by the individual depicted in the intimate image and
t
he consent includes a general description of the intimate image to be distributed.
As used in this bill, "intimate image" means
a photograph, video recording, or social media broadcast of

(
i
)
t
he intimate part or parts of an identifiable person or (
ii
)
a
n identifiable person engaged in sexually explicit conduct
.

However, t
his bill provides that it is not a defense to
such
an action that there is a disclaimer stating that the distribution was unauthorized.

RELIEF IN CIVIL ACTIONS

In
such
a
n
action
, this bill authorizes
an individual
to
recover any of the following:



An amount equal to any monetary gain made by the defendant from the distribution
.


Either

(i)
t
he actual damages sustained by the individual as a result of the distribution, including damages for emotional distress or

(ii) liquidated damages in the amount of $150,000
.


Punitive damages.


The cost of the action.

In
such
a
n
action
, this bill authorizes
a court
to
, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or distribution of the intimate image.

In ordering
such
relief, the court may grant injunctive relief that maintains the confidentiality of a plaintiff by using a pseudonym.

EXEMPTIONS TO RELIEF

This bill prohibits an
identifiable individual
from
bring
ing
an action for
such
relief relating to
either of the following:



A distribution the defendant can show was made in good faith
(i) t
o or by a law enforcement officer or agency in the course of reporting or investigating

unlawful activity or

unsolicited or unwelcome conduct or

(ii)
a
s part of a legal proceeding
.


A distribution made in good faith and reasonably intended to assist the individual.

Additionally, this bill provides that
a provider of an interactive computer service or an information service or telecommunications service

is not liable on account of
any of the following:



Any action voluntarily taken in good faith to restrict access to or availability of an intimate image
.


Any action taken to enable or make available to information content providers or other persons the technical means to restrict access to an intimate image
.


Any content provided by another person in violation of this
bill
.

Current Bill Text

SENATE BILL 2041
By Rose

HOUSE BILL 2012
By Littleton
HB2012
009458
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 28
and Title 39, Chapter 17, relative to unlawful
exposure.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-318, is amended by adding
the following new subsection:
(e)
(1) Except as provided in subdivision (e)(6), an individual who is the
subject of an intimate image that is distributed in violation of subsection (a) may
bring a civil action against that person in an appropriate court as set forth in this
subsection (e).
(2) For purposes of an action under this subsection (e):
(A) An individual's consent to the creation of the intimate image
does not establish that the individual consented to distribution of the
intimate image; and
(B) Consent is deemed validly given only if:
(i) The consent is set forth in an agreement written in plain
language signed knowingly and voluntarily by the individual
depicted in the intimate image; and
(ii) The consent includes a general description of the
intimate image to be distributed.
(3) In a civil action filed under this subsection (e), an individual may
recover any of the following:

- 2 - 009458

(A) An amount equal to any monetary gain made by the
defendant from the distribution of the intimate image;
(B) Either of the following:
(i) The actual damages sustained by the individual as a
result of the distribution of the intimate image, including damages
for emotional distress; or
(ii) Liquidated damages in the amount of one hundred fifty
thousand dollars ($150,000);
(C) Punitive damages, pursuant to § 29-39-104; and
(D) The cost of the action, including reasonable attorney's fees
and other reasonably incurred litigation costs.
(4) In a civil action filed under this subsection (e), a court may, in addition
to any other relief available at law, order equitable relief, including a temporary
restraining order, a preliminary injunction, or a permanent injunction ordering the
defendant to cease display or distribution of the intimate image.
(5) In ordering relief under this subsection (e), the court may grant
injunctive relief that maintains the confidentiality of a plaintiff by using a
pseudonym.
(6) An identifiable individual shall not bring an action for relief under this
subsection (e) relating to:
(A) A distribution the defendant can show was made in good faith:
(i) To or by a law enforcement officer or agency in the
course of reporting or investigating:
(a) Unlawful activity; or
(b) Unsolicited or unwelcome conduct; or

- 3 - 009458

(ii) As part of a legal proceeding; or
(B) A distribution made in good faith and reasonably intended to
assist the identifiable individual.
(7) A court may authorize an in camera proceeding under this subsection
(e).
(8) It is not a defense to an action under this subsection (e) that there is a
disclaimer stating that the distribution of the intimate image of the identifiable
individual was unauthorized.
(9) For purposes of this subsection (e), a provider of an interactive
computer service, as defined in 47 U.S.C. § 230, or an information service or
telecommunications service, as defined in 47 U.S.C. § 153, is not liable on
account of:
(A) Any action voluntarily taken in good faith to restrict access to
or availability of an intimate image;
(B) Any action taken to enable or make available to information
content providers or other persons the technical means to restrict access
to an intimate image; or
(C) Any content provided by another person in violation of this
section.
SECTION 2. Tennessee Code Annotated, Section 39-17-318(b), is amended by adding
the following as new subdivisions:
( ) "Distribute" means to transfer, publish, disclose, or make accessible;
( ) "Intimate image" means a photograph, video recording, or social media
broadcast of:
(A) The intimate part or parts of an identifiable person; or

- 4 - 009458

(B) An identifiable person engaged in sexually explicit conduct;
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to causes of action arising on or after that date.