Section 659A.1 – Short title.

659A.1 Short title. This chapter may be cited as the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act”. 2021 Acts, ch 56, §1 NEW section

Section 659A.2 – Definitions.

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 […]

Section 659A.3 – Civil action.

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 […]

Section 659A.4 – Exceptions to liability.

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 […]

Section 659A.5 – Plaintiff’s privacy.

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 […]

Section 659A.6 – Remedies.

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 […]

Section 659A.7 – Statute of limitations.

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 […]

Section 659A.8 – Construction.

659A.8 Construction. This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. §230. 2021 Acts, ch 56, §8 NEW section

Section 659A.9 – Uniformity of application and construction.

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. 2021 Acts, ch 56, §9 NEW section