Arizona SB 1624: unauthorized disclosure; intimate images; remedies

Bill Text

Chapter 0118 - 552R - S Ver of SB1624 

 Senate Engrossed

 unauthorized 
 disclosure; intimate images; remedies

 State of 
 Arizona

 Senate

 Fifty-fifth 
 Legislature

 Second Regular 
 Session

 2022

 CHAPTER 
 118

 SENATE BILL 1624

An Act

amending 
title 12, chapter 6, Arizona Revised Statutes, by adding article 14; 
RELATING to proceedings brought by individual persons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, Arizona Revised 
Statutes, is amended by adding article 14, to read:

ARTICLE 14. UNAUTHORIZED DISCLOSURE OF 
INTIMATE IMAGES

START_STATUTE12-741. Unauthorized disclosure of intimate images; civil action; 
exceptions; confidential information form; remedies; statute of limitation; 
definitions

A. A person is liable in a civil 
action for intentionally disclosing or threatening to disclose an intimate 
image of another individual if the depicted individual suffers harm from the 
disclosure or threatened disclosure and the person knew or should have known 
all of the following:

1. The depicted individual did not 
consent to the disclosure.

2. The intimate image was private.

3. The depicted individual was 
identifiable from the image itself or from information that is displayed in 
connection with the image.

B. Evidence that the depicted individual consented to the creation of the image or that the 
depicted individual previously consented to the disclosure of the image does 
not by itself establish that the depicted individual consented to the 
disclosure of the intimate image or that the depicted individual lacked a 
reasonable expectation of privacy.

C. A depicted individual who does not 
consent to the specific sexual activities or state of nudity depicted in an 
intimate image of the individual retains a reasonable expectation of privacy 
even if the image was created when the depicted individual was in a public 
place.

D. Notwithstanding subsection A of 
this section, A person is not liable under this section if the person proves 
that disclosing or threatening to disclose the intimate image was any of the 
following:

1. Made in good faith in any of the 
following:

(a) Law 
enforcement.

(b) A legal 
proceeding.

(c) Medical 
education or treatment.

2. Made in good faith in reporting or 
investigating any of the following:

(a) Unlawful 
conduct.

(b) Unsolicited 
and unwelcome conduct.

3. Related to a matter of public 
concern or public interest.

4. Reasonably intended to assist the 
depicted individual.

5. Made by a parent, legal guardian 
or individual with legal custody of a child and the depicted individual is the 
child unless the image is disclosed with the intent to harm the depicted 
individual.

E. Subsection D of this section does 
not apply if the plaintiff proves the disclosure was Prohibited by law or Made 
for the purpose of sexual arousal, sexual gratification, humiliation, 
degradation or monetary or commercial gain.

F. Disclosing or threatening to 
disclose an intimate image is not a matter of public concern or public interest 
solely because the depicted individual is a public figure.

G. If the plaintiff files with the 
court and serves on the defendant a confidential information form that includes 
the excluded or redacted plaintiff's name and other identifying 
characteristics, the court may exclude or redact from all pleadings and 
documents filed in the action other identifying characteristics of the 
plaintiff. The court may make further orders as necessary to protect 
the identity and privacy of a plaintiff.

H. The prevailing plaintiff may 
recover:

1. The greater of:

(a) Economic 
and noneconomic damages that are proximately caused by the defendant's 
disclosure or threatened disclosure, including damages for emotional distress 
whether or not accompanied by other damages.

(b) Statutory 
damages of not more than $10,000 against each defendant found liable under this 
section for all of the defendant's disclosures and threatened disclosures that 
the plaintiff knew or reasonably should have known when filing the action or 
that became known during the pendency of the action. In determining 
the amount of statutory damages under this subdivision, consideration must be 
given to the age of the parties at the time of the disclosure or threatened 
disclosure, the number of disclosures or threatened disclosures made by the 
defendant, the breadth of distribution of the image by the defendant and other 
exacerbating or mitigating factors. 

2. An amount equal to any monetary 
gain made by the defendant from disclosing or threatening to disclose the 
intimate image.

3. Punitive damages.

4. Reasonable attorney fees and 
costs. 

5. Additional relief, including 
injunctive relief.

I. A civil action for an unauthorized 
disclosure may not be brought later than four years after the date that the 
disclosure was discovered or should have been discovered with the exer