Bill Status of HB 3553   103rd General Assembly

Short Description:  LIABILITY-UNSOLICITED IMAGES

House Sponsors
Rep. Anne Stava-Murray and Barbara Hernandez

Senate Sponsors
(Sen. Mary Edly-Allen)


Last Action  View All Actions

DateChamber Action
  4/24/2024SenateReferred to Assignments

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of the other person's computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits an intimate image, including an on-demand, subscription or advertising-supported service, (iii) a health care provider that transmits an intimate image for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly and intentionally transmits obscene material by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older commits a trespass and is liable to the recipient of the obscene material for actual damages or $500, whichever is greater, in addition to reasonable attorney's fees and costs, if the person who receives the obscene material has not consented to the receipt of the obscene material or has expressly forbidden the receipt of the obscene material and if a reasonable person who receives the obscene material would suffer emotional distress as a result of the receipt of the obscene material. Authorizes the court to enjoin and restrain the defendant from committing such further acts. "Obscene material" means material, including, but not limited to, images depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits material, including an on-demand, subscription, or advertising-supported service, (iii) a health care provider that transmits material for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the obscene material is transmitted from or where the obscene material is received or possessed by the plaintiff.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Anne Stava-Murray
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Judiciary - Civil Committee
  3/9/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-005-000
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/27/2023HouseRule 19(a) / Re-referred to Rules Committee
  3/20/2024HouseApproved for Consideration Rules Committee; 005-000-000
  3/20/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Anne Stava-Murray
  3/21/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/25/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/27/2024HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/3/2024HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 010-004-000
  4/12/2024HouseHouse Floor Amendment No. 1 Adopted
  4/12/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/17/2024HouseThird Reading - Short Debate - Passed 090-001-004
  4/18/2024SenateArrive in Senate
  4/18/2024SenatePlaced on Calendar Order of First Reading April 30, 2024
  4/24/2024SenateChief Senate Sponsor Sen. Mary Edly-Allen
  4/24/2024SenateAlternate Chief Sponsor Changed to Sen. Mary Edly-Allen
  4/24/2024SenateFirst Reading
  4/24/2024SenateReferred to Assignments

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