Bill Text: IA HF233 | 2021-2022 | 89th General Assembly | Enrolled

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Bill Title: A bill for an act creating a civil remedy for the disclosure of private, sexually explicit images without consent of the depicted individual. (Formerly HSB 31.) Effective date: 07/01/2021.

Spectrum: Committee Bill

Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1037. [HF233 Detail]

Download: Iowa-2021-HF233-Enrolled.html

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House File 233 - Enrolled
House File 233
AN ACT
CREATING A CIVIL REMEDY FOR THE DISCLOSURE OF PRIVATE, SEXUALLY
EXPLICIT IMAGES WITHOUT CONSENT OF THE DEPICTED INDIVIDUAL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION . 659A.1 Short title.
This chapter may be cited as the “Uniform Civil Remedies for
Unauthorized Disclosure of Intimate Images Act”.
Sec. 2. NEW SECTION . 659A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
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. “Disclosure” means transfer, publication, or distribution
to another person. “Disclose” has a corresponding meaning.
4. “Identifiable” means recognizable by a person other than
the depicted individual from any of the following:
a. An intimate image itself.
b. 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 any of the
following:
a. The uncovered genitals, pubic area, anus, or female
post-pubescent nipple of a depicted individual.
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.
9. “Sexual conduct” includes all of the following:
a. Masturbation, which means the same as “masturbate” as
defined in section 709.9, subsection 2, paragraph “c” .
b. Genital, anal, or oral sex.
c. Sexual penetration of, or with, an object.
d. Bestiality.
e. The transfer of semen onto a depicted individual.
Sec. 3. NEW SECTION . 659A.3 Civil action.
1. As used in this section, unless the context otherwise
requires:
a. “Harm” includes physical harm, economic harm, and
emotional distress whether or not accompanied by physical or
economic harm.
b. “Private” means any of the following:
(1) Created or obtained under circumstances in which a
depicted individual had a reasonable expectation of privacy.
(2) Made accessible through theft, bribery, extortion,
fraud, false pretenses, voyeurism, or exceeding authorized
access to an account, message, file, device, resource, or
property.
2. Except as otherwise provided in section 659A.4, 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 has a cause of action against the person
if the person knew, or acted with reckless disregard regarding,
all of the following:
a. The depicted individual did not consent to the

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disclosure.
b. The intimate image was private.
c. The depicted individual was identifiable.
3. The following conduct by a depicted individual does
not establish by itself that the individual consented to the
disclosure of the intimate image which is the subject of an
action under this chapter or that the individual lacked a
reasonable expectation of privacy:
a. Consent to creation of the image.
b. Previous consensual disclosure of the image.
4. 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 retains a reasonable
expectation of privacy even if the image was created when the
individual was in a public place.
Sec. 4. NEW SECTION . 659A.4 Exceptions to liability.
1. As used in this section, unless the context otherwise
requires:
a. “Child” means an unemancipated individual who is less
than eighteen years of age.
b. “Parent” means an individual recognized as a parent under
law of this state other than this chapter.
2. A person is not liable under this chapter if the person
proves that disclosure of, or a threat to disclose, an intimate
image was any of the following:
a. Made in good faith in any of the following circumstances:
(1) Law enforcement.
(2) A legal proceeding.
(3) Medical education or treatment.
b. Made in good faith in the reporting or investigation of
any of the following:
(1) Unlawful conduct.
(2) Unsolicited and unwelcome conduct.
c. Related to a matter of public concern or public interest.
d. Reasonably intended to assist the depicted individual.
3. Subject to subsection 4, a defendant who is a person
responsible for the care of a child as defined in section
232.68 is not liable under this chapter for a disclosure or
threatened disclosure of an intimate image, as defined in

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section 659A.2, subsection 7, paragraph “a” , of the child.
4. If a defendant asserts an exception to liability under
subsection 3, the exception does not apply if the plaintiff
proves the disclosure was any of the following:
a. Prohibited by law other than this chapter.
b. Made for the purpose of sexual arousal, sexual
gratification, humiliation, degradation, or monetary or
commercial gain.
5. Disclosure of, or a threat to disclose, an intimate image
is not a matter of public concern or public interest solely
because the depicted individual is a public figure.
Sec. 5. NEW SECTION . 659A.5 Plaintiff’s privacy.
In an action under this chapter all of the following are
true:
1. Identifying characteristics of the plaintiff shall be
redacted from all pleadings and documents filed in the action
under rule of civil procedure 1.422, without court order.
2. A plaintiff to whom subsection 1 applies shall file with
the court and serve on the defendant a protected information
form, pursuant to rule of electronic procedure 16.606, that
includes the excluded or redacted plaintiff’s name and other
identifying characteristics.
3. The court may make further orders as necessary to protect
the identity and privacy of a plaintiff.
Sec. 6. NEW SECTION . 659A.6 Remedies.
1. In an action under this chapter, a prevailing plaintiff
may recover all of the following:
a. The greater of the following:
(1) 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.
(2) Statutory damages not to exceed ten thousand dollars
against each defendant found liable under this chapter for all
disclosures and threatened 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 all

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of the following:
(a) The age of the parties at the time of the disclosure or
threatened disclosure.
(b) The number of disclosures or threatened disclosures
made by the defendant.
(c) The breadth of distribution of the image by the
defendant.
(d) Other exacerbating or mitigating factors.
b. An amount equal to any monetary gain made by the
defendant from disclosure of the intimate image.
c. Punitive damages as allowed under chapter 668A.
2. In an action under this chapter, the court may award a
prevailing plaintiff all of the following:
a. Reasonable attorney fees and costs.
b. Additional relief, including injunctive relief.
3. This chapter does not affect a right or remedy available
under law of this state other than this chapter.
Sec. 7. NEW SECTION . 659A.7 Statute of limitations.
1. An action under section 659A.3, subsection 2, for:
a. An unauthorized disclosure shall not be brought later
than four years from the date the disclosure was discovered or
should have been discovered with the exercise of reasonable
diligence.
b. A threat to disclose shall not be brought later than four
years from the date of the threat to disclose.
2. This section is subject to section 614.8.
Sec. 8. NEW SECTION . 659A.8 Construction.
This chapter shall be construed to be consistent with the
Communications Decency Act of 1996, 47 U.S.C. §230.
Sec. 9. NEW SECTION . 659A.9 Uniformity of application and
construction.
In applying and construing this chapter, consideration shall
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Sec. 10. Section 614.8, subsection 2, Code 2021, is amended
to read as follows:
2. Except as provided in section 614.1, subsection 9 , the
times limited for actions in this chapter , or chapter 216 ,
659A, 669 , or 670 , except those brought for penalties and

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forfeitures, are extended in favor of minors, so that they
shall have one year from and after attainment of majority
within which to file a complaint pursuant to chapter 216 , to
make a claim pursuant to chapter 669 , or to otherwise commence
an action.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 233, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor