Uniform Intimate Images Amendments, the official text

Uniform Intimate Images Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jordan D. Teuscher

LONG TITLE
General Description:
This bill enacts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
Highlighted Provisions:
This bill: defines terms;
allows an individual to bring a civil action for unauthorized disclosure of an intimate image;
provides exceptions to liability for a civil action for unauthorized disclosure of an intimate image;
addresses measures a court may take to protect a plaintiff's privacy in a civil action for unauthorized disclosure of an intimate image;
addresses remedies in a civil action for unauthorized disclosure of an intimate image;
provides a statute of limitations for a civil action for unauthorized disclosure of an intimate image;
addresses construction of provisions; and
provides a severability clause.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: ENACTS:
78B-6-2701, Utah Code Annotated 1953
78B-6-2702, Utah Code Annotated 1953
78B-6-2703, Utah Code Annotated 1953
78B-6-2704, Utah Code Annotated 1953
78B-6-2705, Utah Code Annotated 1953
78B-6-2706, Utah Code Annotated 1953
78B-6-2707, Utah Code Annotated 1953
78B-6-2708, Utah Code Annotated 1953
78B-6-2709, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78B-6-2701 is enacted to read:
27. Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act 78B-6-2701. Definitions for part.
As used in this part: (1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(2) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.
(3) "Disclose" means to transfer, publish, or distribute to another person.
(4) "Disclosure" means transfer, publication, or distribution to another person.
(5) "Identifiable" means recognizable by a person other than the depicted individual: (a) from an intimate image; or
(b) from an intimate image and identifying characteristic displayed in connection with the intimate image.

(6) "Identifying characteristic" means information that may be used to identify a depicted individual.
(7) "Individual" means a human being.
(8) "Intimate image" means a photograph, film, video recording, or other similar medium that shows: (a) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(b) a depicted individual engaging in or being subjected to sexual conduct.

(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity.
(10) "Sexual conduct" includes: (a) masturbation;
(b) genital, anal, or oral sex;
(c) sexual penetration of, or with, an object;
(d) bestiality; or
(e) the transfer of semen onto a depicted individual.

Section 2. Section 78B-6-2702 is enacted to read:
78B-6-2702. Civil action.
(1) As used in this section: (a) "Harm" includes: (i) physical harm;
(ii) economic harm; or
(iii) emotional distress, whether or not accompanied by physical or economic harm.

(b) "Private" means: (i) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or
(ii) made accessible through: (A) theft, bribery, extortion, fraud, false pretenses, or voyeurism; or
(B) exceeding authorized access to an account, message, file, device, resource, or property.

(2) Except as provided in Section 78B-6-2703, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a right of action against the person if the person knew: (a) the depicted individual did not consent to the disclosure;
(b) the intimate image was private; and
(c) the depicted individual was identifiable.

(3) The following conduct by a depicted individual does not, by the conduct alone, establish that the individual consented to the disclosure of the intimate image that is the subject of an action under this part or that the individual lacked a reasonable expectation of privacy: (a) consent to creation of the image; or
(b) previous consensual disclosure of the image.

(4) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

Section 3. Section 78B-6-2703 is enacted to read:
78B-6-2703. Exceptions to liability.
(1) As used in this section: (a) "Child" means an unemancipated individual who is younger than 18 years old.
(b) "Online service provider" means an internet service provider, search engine, or cloud service provider, including an affiliate or subsidiary of an internet service provider, search engine, or cloud service provider.
(c) "Parent" means an individual who has a parent-child relationship, as defined in Section 81-5-102, with the child.

(2) A person is not liable under this part if the person proves that disclosure of, or a threat to disclose, an intimate image was: (a) made in good faith as part of: (i) law enforcement activity;
(ii) a legal proceeding; or
(iii) medical education or treatment;

(b) made in good faith in the reporting or investigation of: (i) unlawful conduct; or
(ii) unsolicited and unwelcome conduct;

(c) related to a matter of public concern or public interest; or
(d) reasonably intended to assist the depicted individual.

(3) Subject to Subsection (4), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part for a disclosure or threatened disclosure of an intimate image of the child.
(4) If a defendant asserts an exception to liability under Subsection (3), the exception does not apply if the plaintiff proves the disclosure was: (a) prohibited by law other than this part; or
(b) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(5) An online service provider is not liable under this part solely for providing access to, transmitting, downloading, storing, or connecting a user to an intimate image on the internet or on a facility, system, or network not under the online service provider's control if the online service provider did not create the intimate image.
(6) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Section 4. Section 78B-6-2704 is enacted to read:
78B-6-2704. Plaintiff's privacy.
In an action under this part: (1) the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff;
(2) a plaintiff to whom Subsection (1) applies shall file with the court and serve on the defendant a confidential information form that includes the plaintiff's excluded or redacted name and other identifying characteristics; and
(3) the court may make further orders as necessary to protect the identity and privacy of a plaintiff.

Section 5. Section 78B-6-2705 is enacted to read:
78B-6-2705. Remedies.
(1) In an action under this part, a prevailing plaintiff may recover: (a) the greater of: (i) economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress, whether or not accompanied by other damages; or
(ii) statutory damages not to exceed $10,000 against each defendant found liable under this part for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action;

(b) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(c) punitive damages.

(2) In determining the amount of statutory damages under Subsection (1)(a)(ii), the trier of fact shall consider: (a) the age of the parties at the time of the disclosure or threatened disclosure;
(b) the number of disclosures or threatened disclosures made by the defendant;
(c) the breadth of distribution of the image by the defendant; and
(d) other exacerbating or mitigating factors.

(3) In an action under this part, the court may award a prevailing plaintiff: (a) reasonable attorney fees and costs; and
(b) additional relief, including injunctive relief.

(4) This part does not affect a right or remedy available under a law of this state other than this part.

Section 6. Section 78B-6-2706 is enacted to read:
78B-6-2706. Statute of limitations.
(1) An action under Section 78B-6-2702 for: (a) an unauthorized disclosure may not be brought later than four years after the day on which the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and
(b) a threat to disclose may not be brought later than four years after the day on which the threat was disclosed.

(2) This section is subject to the tolling provisions described in Chapter 2, Part 1, General Provisions and Special Actions.

Section 7. Section 78B-6-2707 is enacted to read:
78B-6-2707. Construction.
(1) This part shall be construed in accordance with the Communications Decency Act of 1996, 47 U.S.C. Sec. 230.
(2) This part may not be construed to alter the law of this state on governmental immunity.

Section 8. Section 78B-6-2708 is enacted to read:
78B-6-2708. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to the uniform law's subject matter among states that enact the uniform law.

Section 9. Section 78B-6-2709 is enacted to read:
78B-6-2709. Severability.
If a provision of this part or the application of this part to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision or application.

Section 10. Effective Date.
This bill takes effect on May 6, 2026.

3-11-26 9:42 AM