II 

116TH CONGRESS 

2D SESSION S. 4994 

To provide civil relief for victims of the disclosure of certain intimate images, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2020 

Ms. HASSAN (for herself, Mr. HAWLEY, and Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide civil relief for victims of the disclosure of certain 

intimate images, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intimate Imagery and 

5 Privacy Protection Act of 2020’’. 

6 SEC. 2. CIVIL ACTION RELATING TO DISCLOSURE OF INTI7 MATE IMAGES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) CONSENT.—The term ‘‘consent’’ means, 

10 with respect to an individual, an affirmative, conVerDate Sep 11 2014 03:23 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4994.IS S4994

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•S 4994 IS

1 scious, and voluntary authorization made by the in2 dividual free from force, fraud, misrepresentation, or 

3 coercion of the depicted individual. 

4 (2) COMMERCIAL PORNOGRAPHIC CONTENT.— 

5 The term ‘‘commercial pornographic content’’ means 

6 any material that is subject to the record keeping re7 quirements under section 2257 of title 18, United 

8 States Code. 

9 (3) DEPICTED INDIVIDUAL.—The term ‘‘de10 picted individual’’ means an individual whose body is 

11 disclosed in whole or in part in an intimate image. 

12 (4) DISCLOSE.—The term ‘‘disclose’’ means to 

13 transfer, publish, distribute, or make accessible an 

14 intimate image. 

15 (5) IDENTIFIABLE.—The term ‘‘identifiable’’ 

16 means recognizable by an individual other than the 

17 depicted individual from— 

18 (A) the intimate image itself; or 

19 (B) information or text displayed in con20 nection with the intimate image. 

21 (6) INTIMATE IMAGE.—The term ‘‘intimate 

22 image’’— 

23 (A) means a photograph, film, video re24 cording, or digital recording that shows— 


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•S 4994 IS

1 (i) the uncovered genitals, pubic area, 

2 anus, or female nipple of an individual; 

3 (ii) the display or transfer of bodily 

4 sexual fluids on to any part of the body of 

5 an individual; 

6 (iii) an individual engaging in sexually 

7 explicit conduct; or 

8 (iv) an individual being subjected to 

9 sexually explicit conduct; and 

10 (B) includes any image described in sub11 paragraph (A) captured or recorded while the 

12 depicted individual was in a public place if— 

13 (i) the depicted individual did not vol14 untarily display the content depicted in the 

15 image; or 

16 (ii) the depicted individual did not 

17 consent to the sexual conduct depicted in 

18 the image. 

19 (7) SEXUALLY EXPLICIT CONDUCT.—The term 

20 ‘‘sexually explicit conduct’’ has the meaning given 

21 the term in subparagraphs (A) and (B) of section 

22 2256(2) of title 18, United States Code. 

23 (b) CIVIL ACTION.— 

24 (1) RIGHT OF ACTION.—Except as provided in 

25 paragraph (4), a depicted individual, or in the case 


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1 of a depicted individual who is a minor, the parent 

2 of the depicted individual, whose intimate image is 

3 disclosed, in or through interstate or foreign com4 merce or using a means of interstate or foreign com5 merce (including the internet), without the consent 

6 of the depicted individual, and such disclosure was 

7 made by a person who acted knowingly without, or 

8 with reckless disregard for, the consent of the de9 picted individual to such disclosure, may bring a civil 

10 action against that person in an appropriate district 

11 court of the United States for appropriate relief. 

12 (2) CONSENT.—For purposes of an action 

13 under paragraph (1)— 

14 (A) evidence that the depicted individual 

15 provided consent to the capture or recording of 

16 the intimate image shall not, by itself, con17 stitute evidence that the depicted individual 

18 provided consent to the disclosure of the inti19 mate image; and 

20 (B) evidence that the depicted individual 

21 disclosed the image to the person alleged to 

22 have violated paragraph (1) shall not, by itself, 

23 constitute evidence that the depicted individual 

24 provided consent to the further disclosure of the 

25 intimate image. 


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1 (3) RELIEF.— 

2 (A) IN GENERAL.—In a civil action filed 

3 under this section— 

4 (i) an individual may recover the ac5 tual damages sustained by the individual 

6 or liquidated damages in the amount of 

7 $150,000, and the cost of the action, in8 cluding reasonable attorney’s fees and 

9 other litigation costs reasonably incurred; 

10 and 

11 (ii) the court may, in addition to any 

12 other relief available at law, order equi13 table relief, including a temporary restrain14 ing order, a preliminary injunction, or a 

15 permanent injunction ordering the defend16 ant to cease display or disclosure of the 

17 image. 

18 (B) PRESERVATION OF ANONYMITY.—In 

19 ordering relief under subparagraph (A), the 

20 court may grant injunctive relief maintaining 

21 the confidentiality of a plaintiff using a pseu22 donym. 

23 (4) EXCEPTIONS.—A depicted individual may 

24 not bring an action for relief under this section re25 lating to— 


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1 (A) an intimate image that is commercial 

2 pornographic content unless— 

3 (i) the content was produced by force, 

4 fraud, misrepresentation, or coercion of the 

5 depicted individual; and 

6 (ii) the claim of force, fraud, mis7 representation, or coercion under clause (i) 

8 is demonstrated through a preponderance 

9 of evidence; 

10 (B) a disclosure made in good faith— 

11 (i) to a law enforcement officer or 

12 agency; 

13 (ii) as part of a legal proceeding; 

14 (iii) as part of medical education, di15 agnosis, or treatment; or 

16 (iv) in the reporting or investigation 

17 of— 

18 (I) unlawful content; or 

19 (II) unsolicited or unwelcome 

20 conduct; 

21 (C) a matter of public concern or public in22 terest; or 

23 (D) a disclosure reasonably intended to as24 sist the depicted individual. 

Æ 


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