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1 1 (April 1, 2022)

handle is hein.crs/govefni0001 and id is 1 raw text is: Congressional ______ *.Research Service - a ~~~ ~~~nforming the legislative d bate since 1914___________________ Federal Civil Action for Disclosure of Intimate Images: Free Speech Considerations April 1, 2022 On March 15, 2022, Congress authorized a federal civil claim relating to the disclosure of intimate images as part of the Consolidated Appropriations Act, 2022. The new cause of action, which takes effect on October 1, 2022, marks the first federal law targeting the unauthorized dissemination of private, intimate images of both adults and children-images commonly referred to as nonconsensual pornography or revenge porn. This Sidebar discusses the current legal landscape with respect to prohibitions on nonconsensual pornography. It first provides an overview of state and federal laws on the subject, including the new private right of action. It then discusses how courts have decided significant First Amendment challenges to nonconsensual pornography laws at the state level. The Sidebar concludes with a discussion of the relevance of these legal developments for legislative proposals to criminalize the distribution of nonconsensual pornography at the federal level or to expand liability for distributing other types of content online. State of the Law Nearly all 50 states (plus the District of Columbia, Puerto Rico, and Guam) have a nonconsensual pornography law in some form. The majority of states make dissemination of nonconsensual pornography a criminal offense if the defendant acted with a specific intent (e.g., to harass or intimidate) or with some level of knowledge-either actual or imputed through recklessness or negligence-that the depicted person had not consented to the disclosure. Some states, including New York, Pennsylvania, and Washington, also authorize the depicted person to bring a civil action in state court against an individual who disseminated the material (also limited by the requisite mental state). Such actions may authorize the court to award injunctive relief or monetary damages. Most of these state laws were adopted within the past 10 years. At the federal level, there is no criminal offense specifically aimed at the distribution of nonconsensual pornography. Distribution of such materials over the internet or in interstate commerce could, however, violate other federal laws, depending on the circumstances. For example, nonconsensual pornography depicting persons under the age of 18 could violate federal prohibitions on child sexual exploitation. Congressional Research Service https://crsreports. congress.gov LSB10723 CRS Legal Sidebar Prepared for Members and Committees of Congress

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