‘Take it Down Act' heads to Trump's Desk; Rep. Burlison explains why he voted no
The bill, when signed, would outlaw posting intimate or inappropriate photos of someone without their consent, or as many refer to it as 'revenge porn'.
It will also outlaw A.I. 'deepfakes', which is similar to intimate/inappropriate content, but computer-generated.
A summary of the bill says, 'Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both'.
It would also require platforms to remove the content in 48 hours when notified.
As mentioned, the U.S. House passed this bill 409-2, a showing of bipartisan support on the issue.
Of the two who voted no, one is Missouri Congressman Eric Burlison.
Ozarks First reached out to Burlison's team and was given this statement.
'Sharing non-consensual intimate imagery is abhorrent, but this bill unnecessarily federalizes the criminalization of conduct that states already have laws against, and many of them already have laws tailored to address AI-generated deepfakes. As such, creating a new federal offense is both redundant and constitutionally problematic. The further federalization of criminal law in this way undermines state authority, blurs lines of accountability, and risks duplicative prosecutions. Furthermore, while the bill attempts to safeguard free speech with a 'reasonable person' test, I remain concerned about its impact on First Amendment rights and the unchecked growth of federal power.'
Ozarks First checked into Missouri's passing laws about this issue on a state level, and at the time of this story being published, found two that are making their way through the legislative process.
Missouri House Bill 362 would establish the disclosure of 'intimate digital depictions' in an attempt to harass, annoy, threaten, alarm, or cause harm to the individual depicted, and outlines what a person can seek in terms of civil action if material was posted online without consent.
A summary for the bill says it 'Creates the offense of and civil penalties for disclosure of intimate digital depictions', but according to the Missouri House website, it's out of committee but has not made it out of the Missouri House.
Missouri Senate Bill 411 is centered around the 'Taylor Swift Act', which 'establishes a cause of action by an individual who is the subject of an intimate digital depiction against a person who discloses such depiction and who knows or recklessly disregards the fact that the individual has not consented to such disclosure.
If passed, it would make it a Class E felony for a first offense, and a Class C felony for any offense after.
According to the Missouri Senate Website, Missouri Senate Bill 411 was last discussed on March 26, 2025.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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