‘‘(A) the uncovered genitals, pubic area, 
anus, or postpubescent female nipple of an 
identifiable individual; 
‘‘(B) the display or transfer of bodily sex-
ual fluids— 
‘‘(i) onto any part of the body of an 
identifiable individual; or 
‘‘(ii) from the body of an identifiable 
individual; or 
‘‘(C) an identifiable individual engaging in 
sexually explicit conduct. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given the 
term in subparagraphs (A) and (B) of section 
2256(2) of title 18, United States Code. 
‘‘(b) RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (e), an individual who is the subject of an in-
timate digital depiction that is disclosed, in or af-
fecting interstate or foreign commerce or using any 
means or facility of interstate or foreign commerce, 
without the consent of the individual, where such 
disclosure was made by a person who knows that, or 
recklessly disregards whether, the individual has not 
consented to such disclosure, may bring a civil ac-
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tion against that person in an appropriate district 
court of the United States for relief as set forth in 
subsection (d). 
‘‘(2) RIGHTS ON BEHALF OF CERTAIN INDIVID-
UALS.—In the case of an individual who have not at-
tained 18 years of age or are incompetent, incapaci-
tated, or deceased, the legal guardian of the indi-
vidual or representative of the individual’s estate, 
another family member, or any other person ap-
pointed as suitable by the court, may assume the in-
dividual’s rights under this section, but in no event 
shall the defendant be named as such representative 
or guardian. 
‘‘(c) CONSENT.—For purposes of an action under 
subsection (b)— 
‘‘(1) an individual’s consent to the creation of 
the intimate digital depiction shall not establish that 
the person consented to its disclosure; and 
‘‘(2) consent shall be deemed validly given only 
if— 
‘‘(A) it is set forth in an agreement written 
in plain language signed knowingly and volun-
tarily by the depicted individual; and 
‘‘(B) it includes a general description of 
the intimate digital depiction and, if applicable, 
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the audiovisual work into which it will be incor-
porated. 
‘‘(d) RELIEF.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DAMAGES.—In a civil action filed 
under this section, an individual may recover 
any of the following: 
‘‘(i) An amount equal to the monetary 
gain made by the defendant from the cre-
ation, development, or disclosure of the in-
timate digital depiction. 
‘‘(ii) Either of the following: 
‘‘(I) The actual damages sus-
tained by the individual as a result of 
the intimate digital depiction, includ-
ing damages for emotional distress. 
‘‘(II) Liquidated damages in the 
amount of $150,000. 
‘‘(iii) Punitive damages. 
‘‘(iv) The cost of the action, including 
reasonable attorney’s fees and other litiga-
tion costs reasonably incurred. 
‘‘(B) EQUITABLE RELIEF.—In a civil ac-
tion filed under this section, a court may, in ad-
dition to any other relief available at law, order 
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equitable relief, including a temporary restrain-
ing order, a preliminary injunction, or a perma-
nent injunction ordering the defendant to cease 
display or disclosure of the intimate digital de-
piction. 
‘‘(2) PRESERVATION OF ANONYMITY.—In order-
ing relief under this subsection, the court may grant 
injunctive relief maintaining the confidentiality of a 
plaintiff using a pseudonym. 
‘‘(e) EXCEPTIONS.—An identifiable individual may 
not bring an action for relief under this section relating 
to— 
‘‘(1) a disclosure made in good faith— 
‘‘(A) to or by a law enforcement officer or 
agency in the course of reporting or inves-
tigating— 
‘‘(i) unlawful activity; or 
‘‘(ii) unsolicited or unwelcome con-
duct; or 
‘‘(B) as part of a legal proceeding; 
‘‘(2) a matter of legitimate public concern or 
public interest, except that it shall not be considered 
a matter of legitimate public interest or public con-
cern solely because the depicted individual is a pub-
lic figure; or 
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‘‘(3) a disclosure reasonably intended to assist 
the identifiable individual. 
‘‘(f) IN CAMERA.—A court may authorize an in cam-
era proceeding under this section. 
‘‘(g) DISCLAIMERS.—It shall not be a defense to an 
action under this section that there is a disclaimer stating 
that the intimate digital depiction of the depicted indi-
vidual was unauthorized or that the depicted individual 
did not participate in the creation or development of the 
material. 
‘‘(h) LIMITATIONS.—For purposes of this section, a 
provider of an interactive computer service shall not be 
held liable on account of— 
‘‘(1) any action voluntarily taken in good faith 
to restrict access to or availability of intimate digital 
depictions; or 
‘‘(2) any action taken to enable or make avail-
able to information content providers or other per-
sons the technical means to restrict access to inti-
mate digital depictions.’’. 
SEC. 3. CRIMINAL ACTION. 
(a) IN GENERAL.—Chapter 110 of title 18, United 
States Code, is amended by inserting after section 2252C 
the following: 
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