RAP Act of 2023

The RAP Act of 2023 (HR 2952) would prevent prosecutors and plaintiffs from using a defendant’s creative or artistic works - such as poems, songs, art, or films - as evidence in court, unless specific exceptions apply. It requires the government to prove by clear evidence that the work was meant literally (not figuratively), directly relates to the specific facts of the case, is relevant to disputed facts, and has unique value beyond other evidence. If admitted, courts must redact the work to limit its presentation and provide jury instructions about its restricted use. This bill directly affects defendants in both criminal and civil cases who create artistic expression, aiming to protect their creative works from being misused in legal proceedings.