AI Frontier Institute

Creates the offense of and civil penalties for disclosure of intimate digital depictions

View primary source →

HB 1913 (Missouri, 103rd General Assembly, Second Regular Session) has not been enacted. The House committee reported a substitute (HCS) "do pass" on 2026-02-26 by a vote of 10 ayes, 0 noes, 1 present. If enacted, it would add two new sections to Missouri law on AI-generated or digitally manipulated intimate imagery (sometimes called deepfake imagery). Section 537.043 (civil remedy): It defines "creator" as anyone who uses AI or other digital technology to generate synthetic media. Providers or developers of the technology are excluded. A depicted person could sue a creator in circuit court if an "intimate digital depiction" of them was disclosed without consent, and the creator knew or recklessly disregarded that consent was lacking. Consent to creating the depiction does not count as consent to disclose it. Valid consent needs a plain-language signed written agreement that describes the depiction. Minors, incompetent, incapacitated or deceased people can have their rights asserted by a guardian, estate representative, family member or court-appointed person, but never by the defendant. A winning plaintiff may recover: - the defendant's monetary gain; - either actual damages (including emotional distress) or $150,000 in liquidated damages; - punitive damages; and - costs and reasonable attorney's fees. Courts may issue restraining orders and injunctions, allow pseudonyms, and hold in camera proceedings. Exceptions cover good-faith disclosures to law enforcement or in legal proceedings, matters of legitimate public concern (being a public figure is not enough by itself), and disclosures reasonably intended to assist the depicted person. A disclaimer saying the depiction is unauthorized or fake is not a defense. Interactive computer service providers are shielded from liability for good-faith restriction of access, for content provided by others, and for providing technical means to restrict access. Section 573.570 (criminal offense): It would be a crime to disclose, or threaten to disclose, an intimate digital depiction either (1) with intent to harass, annoy, threaten, alarm, or cause substantial financial or reputational harm, or (2) with knowledge or reckless disregard that it will cause physical, emotional, reputational or economic harm. The base offense is a class E felony. It is a class C felony for a repeat violation, or if the depiction could reasonably be expected to affect a government proceeding (including an election or foreign relations) or to facilitate violence. A disclaimer is not a defense. The section does not impose liability on interactive computer services, mobile service providers, or telecommunications or broadband providers.

← Back to the tracker