Establishes criminal and civil liability for altered sexual depictions of identifiable persons

A violation of this act is committed within Missouri if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs within Missouri.

The offense shall be a class C felony. Each act shall constitute a separate offense. Furthermore, a disclaimer that a depicted individual did not consent to the generation or promotion of the material or that the depicted individual did not perform the actions portrayed shall not be a defense.

This act additionally provides that an aggrieved person may bring a civil action against a person who generates or who, with knowledge that a visual depiction is an altered sexual depiction, willfully and maliciously promotes, or possesses with the intent to maliciously promote, any altered sexual depiction of a depicted individual without the person's consent. A person may be entitled to injunctive relief, attorney's fees and costs, and monetary damages of $10,000 or actual damages, whichever is greater.

This act defines a covered platform as a website, online service, online application, or mobile application that serves the public and that primarily provides a forum for user-generated content or for which in the regular course of business the entity publishes, curates, hosts, or makes available nonconsensual altered sexual depictions. Covered platforms shall not include an information or telecommunications service, email, and certain online services, applications, or websites that consist primarily of content that is not user generated but preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content.

No later than December 31, 2026, covered platforms shall establish a process where an identifiable person or an authorized person for such identifiable person may notify the covered platform of an altered sexual depiction published on the covered platform. The identifiable person or authorized person may submit a written request, as provided in the act, that the covered platform remove such altered sexual depiction. No later than 48 hours after receiving such request, a covered platform shall remove the altered sexual depiction and make reasonable efforts to identify and remove any known identical copies of such altered sexual depiction.

Additionally, covered platforms shall provide a notice of the notification and removal process. Failure to comply with the notice and removal requirements of this act shall be an unlawful practice under Missouri Merchandising Practices Act. However, a covered platform shall not be liable for any claim based on the covered platform's good faith removal of or access to the nonconsensual altered sexual depiction based on facts or circumstances from which the publishing of an altered sexual depiction is apparent.

The criminal and civil liability shall not apply to the following: • Providers of an interactive computer service, information service, or communications service that provides the transmission, storage, or caching of other's electronic communications or messages; • Providers of another related telecommunications or commercial mobile radio service; • Providers of content provided by another person; • Law enforcement officers or any local, state, federal, or military law enforcement agencies engaged in the performance of duties as a law enforcement officer or the duties of the law enforcement agency; • Persons reporting unlawful activity; or • Persons participating in hearings, trials, or other legal proceedings.

This act is substantially similar to HB 2361 (2026). KATIE O'BRIEN