Section 21-67-1 – Short title.

21-67-1. Short title. This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Source: SL 2020, ch 77, § 1.

Section 21-67-2 – Definitions.

21-67-2. Definitions. Terms used in this chapter mean: (1)”Consent,” affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization; (2)”Depicted individual,” an individual whose body is shown in whole or in part in an intimate image; (3)”Disclosure,” transfer, publication, or distribution to another person. Disclose has a corresponding meaning; (4)”Identifiable,” recognizable […]

Section 21-67-3 – Intentional disclosure of intimate images–Civil action.

21-67-3. Intentional disclosure of intimate images–Civil action. (a)In this section: (1)”Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2)”Private” means: (A)Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (B)Made accessible through robbery, theft, bribery, extortion, fraud, […]

Section 21-67-4 – Exceptions to liability.

21-67-4. Exceptions to liability. (a)In this section: (1)”Child” means an unemancipated individual who is less than eighteen years of age; (2)”Parent” means an individual recognized as a parent under law of this state other than this chapter. (b)A person is not liable under this chapter if the person proves that disclosure of, or a threat […]

Section 21-67-5 – Plaintiff privacy.

21-67-5. Plaintiff privacy. In an action under this chapter: (1)The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under §15-15-11; (2)A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes […]

Section 21-67-6 – Remedies.

21-67-6. Remedies. (a)In an action under this chapter, a prevailing plaintiff may recover: (1)The greater of: (A)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; or (B)Statutory damages not to exceed ten thousand dollars against each defendant found liable […]

Section 21-67-7 – Statute of limitations.

21-67-7. Statute of limitations. (a) An action under §21-67-3 for: (1)An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and (2)A threat to disclose may not be brought later than six years from the date […]

Section 21-67-8 – Construction.

21-67-8. Construction. This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S. C. Section 230. Source: SL 2020, ch 77, § 8.

Section 21-67-9 – Uniformity of application and construction.

21-67-9. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2020, ch 77, § 9.