SB 25-288: Intimate Digital Depictions Criminal & Civil Actions

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person who is eighteen years of age or older commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 20 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 2, 2025Governor Signed
2. May 13, 2025Sent to the Governor
3. May 13, 2025Signed by the President of the Senate
4. May 13, 2025Signed by the Speaker of the House
5. May 6, 2025House Third Reading Passed - No Amendments
6. May 6, 2025Senate Considered House Amendments - Result was to Concur - Repass
7. May 5, 2025House Second Reading Special Order - Passed with Amendments - Committee, Floor
8. May 3, 2025House Committee on Judiciary Refer Amended to House Committee of the Whole
9. May 3, 2025House Second Reading Special Order - Laid Over Daily - No Amendments
10. April 29, 2025Senate Third Reading Passed - No Amendments
11. April 29, 2025Introduced In House - Assigned to Judiciary
12. April 28, 2025Senate Second Reading Passed with Amendments - Committee, Floor

Showing 12 most recent of 16 actions. Full history