NDAs and Sexual Abuse: What 7 States Now Ban
California, Texas, Missouri, Tennessee, Alabama, Georgia, and Louisiana now void NDA clauses that silence abuse survivors. Alabama's deadline: Oct 1.
Draft a Mutual NDASeven states—California, Texas, Missouri, Tennessee, Alabama, Georgia, and Louisiana—now void any NDA, settlement, or employment agreement clause that stops someone from disclosing sexual abuse. Georgia and Louisiana both joined in spring 2026, on top of Alabama's law taking effect October 1, 2026. A blanket confidentiality clause that doesn't carve out abuse disclosure is void in each of these states, regardless of what the rest of the agreement says.
Key takeaways
- Alabama's Senate Bill 30 ("Trey's Law"), signed February 18, 2026, takes effect October 1, 2026—under four weeks away.
- Georgia (HB 1187) and Louisiana (SB 185, enacted as Act 251, effective May 15, 2026) both enacted their own versions in spring 2026—both retroactive, reaching NDAs signed years before enactment.
- Alabama, Georgia, and Louisiana bring the total to seven states with a law like this, joining California, Texas, Missouri, and Tennessee.
- These laws are broader than the federal Speak Out Act: they reach settlement agreements directly, not just pre-dispute workplace clauses.
- Scope varies by state—some cover child sexual abuse specifically, others use a broader "sexual abuse" definition that includes adults.
- A federal version (the TREY'S Act) cleared the Senate unanimously on May 20, 2026 and is now in the House—not yet signed into law.
- Settlement amounts and a survivor's personal identifying information can usually still stay confidential—only the silence-about-abuse clause is void.
What Is "Trey's Law," and Why Is It Spreading?
The name comes from Trey Carlock, who died by suicide in 2019 at age 28 after signing a nondisclosure agreement as part of a civil settlement over abuse he suffered years earlier at Kanakuk Kamps, a Christian summer camp in Missouri. His sister, Elizabeth Phillips, turned his story into an advocacy campaign, and state legislatures picked it up under the same name: a law voiding NDA and settlement clauses that would otherwise stop a sexual abuse survivor from ever discussing what happened to them.
Tennessee was first, in 2018. Texas and Missouri followed in 2025. Alabama, Georgia, and Louisiana all enacted their own versions in 2026. Bills were also filed in Oklahoma, Kansas, Kentucky, and West Virginia, but all four died without a floor vote before their 2026 sessions ended. At the federal level, Senator Ted Cruz's TREY'S Act (S. 3966) passed the Senate by unanimous consent on May 20, 2026, and a House companion (H.R. 8571) is pending—the furthest a federal version has gotten, though it isn't law yet.
What Does Each State's Law Actually Cover?
| State | Law | Effective Date | Scope |
|---|---|---|---|
| Tennessee | Tenn. Code § 29-34-103 (2018) | 2018 | Voids NDAs in childhood sexual abuse claims; separately protects victim identity |
| California | Cal. Code Civ. Proc. § 1002 (AB 1682) | January 1, 2017 | Voids settlement clauses barring disclosure of facts behind a felony sex offense, childhood sexual assault, or sexual exploitation of a minor |
| Texas | Tex. Civ. Prac. & Rem. Code ch. 129C (SB 835, "Trey's Law") | September 1, 2025 | Voids NDA/confidentiality clauses covering sexual abuse in any type of agreement, including existing ones |
| Missouri | SB 81 (2025) | August 28, 2025 | Voids NDAs for childhood sexual abuse claims signed on or after the effective date |
| Louisiana | SB 185, enacted as Act 251 (2026) | May 15, 2026 | Voids NDA clauses in civil child sexual abuse settlements; explicitly retroactive |
| Georgia | HB 1187, "Trey's Law" (2026) | Effective on the Governor's signature, 2026 | Voids NDA/confidentiality clauses barring disclosure of childhood sexual abuse in settlement or employment agreements; explicitly retroactive |
| Alabama | SB 30, "Trey's Law" | October 1, 2026 | Voids NDA, confidentiality, employment, or settlement clauses covering sexual abuse, for agreements entered into, executed, or amended on or after the effective date |
Scope differs in an important way: Texas's and Alabama's statutes use a broad "sexual abuse" definition that isn't limited to childhood abuse, while Tennessee's original law, Missouri's SB 81, Georgia's HB 1187, and Louisiana's SB 185 are framed specifically around childhood sexual abuse claims. If a survivor's situation involves an adult victim, which state's law applies—and whether that state's version covers it at all—actually matters.
Texas's version is also the most aggressive on timing among the earlier laws: unlike most contract-law changes, Trey's Law in Texas reaches agreements that already exist, not just ones signed after September 1, 2025. Georgia's and Louisiana's 2026 laws go the same route—both are explicitly retroactive, so an NDA a survivor signed years ago in either state no longer binds them to silence. Alabama's law, by contrast, only reaches agreements "entered into, executed, or amended" on or after October 1, 2026—an NDA signed in 2024 isn't reopened by the new law unless it's later amended.
How Is This Different from the Federal Speak Out Act?
If you've read up on NDA law before, you may already know about the Speak Out Act (Pub. L. 117-224, December 7, 2022), the federal law that voids pre-dispute NDA clauses covering workplace sexual harassment or sexual assault. It's a narrower tool than it sounds:
- It only voids clauses signed before a dispute arises—not settlement agreements, which are signed after.
- It only covers workplace sexual harassment or assault—not sexual abuse claims outside an employment context.
- It doesn't touch state contract law otherwise; it just makes one specific type of clause unenforceable in federal court.
These state "Trey's Law" statutes work differently. They reach settlement agreements—the exact document type the Speak Out Act leaves alone—and several aren't limited to the workplace at all. A survivor negotiating a settlement with an institution (a school, a camp, a religious organization) is exactly the scenario these state laws target, and exactly the scenario the federal Speak Out Act doesn't reach.
What Still Stays Confidential?
None of these laws force a settlement into the open. California's statute is explicit about this: it doesn't preclude an agreement from keeping the settlement amount confidential, or from protecting the survivor's personal identifying information. What each law voids is narrower—the specific clause that would stop someone from ever disclosing that the abuse happened at all.
For someone drafting or reviewing a settlement or NDA, the practical distinction is:
- Void: "You agree never to disclose the facts underlying this dispute" (when those facts describe sexual abuse, in a covered state).
- Still fine: "The settlement amount and your personal identifying information will remain confidential."
A template that conflates the two—one blanket silence clause covering everything—is the exact pattern these statutes are written to catch.
A Worked Example: Before and After Trey's Law
Say a survivor in Alabama reaches a settlement with an institution in November 2026, after a claim involving sexual abuse. The draft settlement agreement includes a standard confidentiality clause: "The parties agree not to disclose the terms of this settlement or any facts related to the underlying dispute."
Before October 1, 2026, a clause like that would typically stand as written—silencing the survivor from ever discussing what happened, not just the settlement terms.
After October 1, 2026, under Alabama's SB 30: the portion of that clause covering "facts related to the underlying dispute" is void, because those facts describe an act of sexual abuse. The institution can still keep the settlement amount and the survivor's identifying details confidential—that part of the clause stands. What it can't do is use the same sentence to also gag the survivor from ever saying the abuse occurred.
The fix isn't to delete confidentiality from the agreement. It's to split the single blanket clause into two: one governing the settlement's financial and administrative terms (still enforceable), and one that explicitly preserves the survivor's right to disclose the abuse itself (required, in a covered state, regardless of what the agreement says).
What Happens If a Clause Violates One of These Laws?
The clause doesn't just become optional—it's voided as against public policy, which means a court won't enforce it even if both parties signed it in good faith. Practical consequences differ slightly by state:
- California goes further than voiding the clause: AB 1682 also authorizes discipline against an attorney who includes a barred nondisclosure provision in a settlement, which puts real professional risk on the drafting lawyer, not just the institution paying the settlement.
- Texas, Georgia, and Louisiana are explicit that their laws reach agreements signed before the law's effective date, so an older settlement's silence clause doesn't get grandfathered in.
- Alabama and Missouri apply prospectively—only to agreements entered into, executed, or amended on or after each law's effective date—so a settlement finalized earlier isn't automatically reopened.
For anyone drafting these agreements today, the safer assumption is that a blanket silence clause covering sexual abuse won't hold up in any of the seven states above—and, with a federal version now through the Senate, that list isn't likely to be the last word. Writing the carve-out in from the start avoids finding out which subdivision of which statute applies after the fact.
What This Means If You're Drafting an NDA or Settlement Agreement
Step 1: Identify whether your situation touches a covered state. Check where the agreement will be signed, where the underlying conduct occurred, and which state's law the agreement selects as its governing law—all three can matter depending on the statute.
Step 2: Separate "keep this confidential" from "never disclose the abuse." Rewrite blanket non-disclosure language so a genuine confidentiality term (amount paid, identifying details) is distinct from any clause touching disclosure of the abuse itself. The latter needs an express carve-out in any of the seven states above.
Step 3: Don't assume your state isn't next. Georgia and Louisiana went from filed bills to enacted, retroactive law within months in 2026, and while the Oklahoma, Kansas, Kentucky, and West Virginia bills died this session, a federal version has now passed the Senate unanimously and sits in the House. A template written today should already separate these two categories rather than waiting for the next state—or Congress—to force the rewrite.
An NDA drafted with context for your situation walks through confidentiality scope question by question rather than reusing a one-size-fits-all silence clause. For the difference between a one-way and mutual NDA more generally, see our mutual vs. one-way NDA guide, and for the other federal rules that can already void parts of a template NDA—the Defend Trade Secrets Act, the Speak Out Act, and the NLRB's McLaren Macomb ruling—see What Is an NDA?.
Sources
- Alabama Senate Bill 30 (2026), signed February 18, 2026, effective October 1, 2026: https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/SB30-enr.pdf
- Texas Senate Bill 835 (2025), Tex. Civ. Prac. & Rem. Code ch. 129C, signed June 21, 2025: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB835
- Missouri Senate Bill 81 (2025), signed June 10, 2025, effective August 28, 2025: https://missouriindependent.com/2025/06/10/kehoe-signs-into-law-missouri-bill-voiding-ndas-in-child-sex-abuse-cases/
- Tennessee Code § 29-34-103 (2018): https://law.justia.com/codes/tennessee/title-29/chapter-34/section-29-34-103/
- California Code of Civil Procedure § 1002 (AB 1682, 2016): https://law.justia.com/codes/california/code-ccp/part-2/title-14/chapter-3-5/section-1002/
- Georgia House Bill 1187, "Trey's Law" (2026): https://www.jacksonprogress-argus.com/news/georgia-house-passes-bill-to-ban-nondisclosure-agreements-about-child-sexual-abuse/article_d25e6cad-56d1-548f-a7e6-b700ca6d5460.html
- Louisiana Senate Bill 185, enacted as Act 251 (2026), signed by Gov. Landry, effective May 15, 2026: https://www.fox8live.com/2026/05/21/new-louisiana-law-makes-ndas-civil-child-sex-abuse-settlements-unenforceable/
- Baptist News Global — "Trey's Law now passed in seven states": https://baptistnews.com/article/treys-law-now-passed-in-seven-states/
- Speak Out Act, Pub. L. 117-224 (December 7, 2022): https://www.congress.gov/bill/117th-congress/senate-bill/4524/text
- TREY'S Act, S. 3966 (introduced March 3, 2026; passed the Senate by unanimous consent May 20, 2026): https://www.texastribune.org/2026/03/03/ted-cruz-treys-law-nda-child-sex-abuse/
- Baptist News Global — "Trey's Law passed unanimously in US Senate" (May 2026): https://baptistnews.com/article/treys-law-passed-unanimously-in-us-senate/
- Sens. Cruz, Gillibrand — "Senate Passage of TREY'S Law To Protect Child Sexual Assault Victims": https://www.cruz.senate.gov/newsroom/press-releases/sens-cruz-gillibrand-lead-senate-passage-of-treys-law-to-protect-child-sexual-assault-victims
- Stateline — "States move to ban NDAs that silence survivors of child sexual abuse": https://stateline.org/2026/02/04/states-move-to-ban-ndas-that-silence-survivors-of-child-sexual-abuse/
This article is for informational purposes. Pactlio generates professional drafts for review — not legal advice.
Frequently Asked Questions
Can an NDA legally silence a sexual abuse survivor?▾
In seven states, no—California, Texas, Missouri, Tennessee, Georgia, Louisiana, and (starting October 1, 2026) Alabama void any NDA, settlement, or employment clause that stops someone from disclosing sexual abuse. Everywhere else, whether such a clause holds depends on the specific agreement, the type of claim, and general contract law.
What is 'Trey's Law'?▾
Trey's Law is the name survivor advocates gave to state bills voiding NDAs in child sexual abuse settlements, after Trey Carlock, who died by suicide after signing one following abuse at a Missouri summer camp. Tennessee passed the first version in 2018; Texas and Missouri followed in 2025; and Alabama, Georgia, and Louisiana all enacted their own versions in 2026.
Which states passed Trey's Law after Alabama?▾
Georgia (House Bill 1187) and Louisiana (Senate Bill 185, enacted as Act 251, effective May 15, 2026) both enacted their own versions in spring 2026. Both are retroactive—unlike Alabama's, which only reaches agreements entered into or amended on or after October 1, 2026—so survivors bound by older NDAs in Georgia or Louisiana are no longer silenced by them.
When does Alabama's NDA ban take effect?▾
October 1, 2026. Alabama's Senate Bill 30 voids any nondisclosure, confidentiality, employment, or settlement agreement provision that prohibits disclosing an act of sexual abuse, but only for agreements entered into, executed, or amended on or after that date—existing agreements aren't automatically reopened.
Does this apply to adult sexual abuse or only child sexual abuse?▾
It varies by state. Texas's Trey's Law and Alabama's SB 30 both use a broad definition of sexual abuse that isn't limited to minors. Tennessee's original 2018 law and Missouri's SB 81 are framed around childhood sexual abuse claims specifically. Check the exact statutory definition before assuming an adult survivor's situation is covered.
How is this different from the federal Speak Out Act?▾
The Speak Out Act (Pub. L. 117-224, 2022) only voids pre-dispute NDA clauses covering workplace sexual harassment or assault—it doesn't touch settlement agreements signed after a claim exists, and it doesn't cover sexual abuse claims outside employment. These state 'Trey's Law' statutes are broader: they reach settlement agreements directly and aren't limited to the workplace.
Can a settlement still keep the dollar amount confidential?▾
Usually yes. California's law, for example, specifically preserves an agreement's ability to keep the settlement amount and the survivor's personal identifying information confidential—it only voids the clause that would stop someone from disclosing the underlying act of abuse itself.
Is there a federal ban on these NDAs?▾
Not yet, but it's close. The Senate passed the federal TREY'S Act (S. 3966) unanimously on May 20, 2026. It's now in the House, where a companion bill (H.R. 8571) was introduced in April 2026—no House vote has happened as of this writing. Until it's signed into law, coverage still depends entirely on which state's law applies to the agreement.
What should I remove from an NDA or settlement template?▾
Any clause requiring silence about 'any dispute,' 'any claim,' or 'the underlying facts' without an express carve-out for sexual abuse disclosure—especially in a state with one of these bans. A blanket confidentiality clause that doesn't distinguish abuse-related facts from ordinary settlement terms is the pattern these laws target.