HB2123 - DIGITAL FORGERIES ACT

57 Co-Sponsors

Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.