States with Revenge Porn Laws

C.A. Goldberg: Civil litigators when privacy and control are in jeopardy

Nonconsensual pornography is sexual abuse. It is also a crime. The shame for such a cruel violation is on the offender – not the victim.

To enlist a highly experienced team to support you in achieving the best possible outcome, get in touch to explore your options at 646-666-8908 or through our online contact form for a 100% confidential consultation. Orders of Protection can be a helpful tool if you are being threatened with intimate images by an ex – you can learn more about Orders of Protection here.

States with Revenge Porn Laws

- Code of Alabama 13A-6-240: Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted
- A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image.
- A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.
- Alaska Statutes 11.61.120: Harassment in the second degree
- A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person…publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act
- Harassment in the second degree is a class B misdemeanor.
- Arizona Revised Statutes 13-1425: Unlawful distribution of images depicting states of nudity or specific sexual activities.
- It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all of the following apply:
  - The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
  - The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
  - The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.
- A violation of this section is a class 5 felony, except that a violation of this section is a:
  - Class 4 felony if the image is disclosed by electronic means.
  - Class 1 misdemeanor if a person threatens to disclose but does not disclose an image that if disclosed would be a violation of this section.
- Arkansas Code 5-26-314: Unlawful distribution of sexual images or recordings
- A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording:
  - (1) Is of a sexual nature or depicts the other person in a state of nudity; and
  - (2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.
- Unlawful distribution of sexual images or recordings is a Class A misdemeanor.
- California Penal Code 647(j)(4): Unlawful distribution of image
- Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: “A person who intentionally distributes or causes to be distributed the image (bold added, everything else the same); CIVIL CODE: (6) The distributed material was previously distributed by another person. –> (6) The distributed material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.; Amended by Stats 2021 ch 518 (AB 514),s 1, eff. 1/1/2022.”
CIVIL CODE – CIV
DIVISION 3. OBLIGATIONS [1427 – 3273]
(Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
PART 3. OBLIGATIONS IMPOSED BY LAW [1708 – 1725]
(Part 3 enacted 1872. )
1708.85.
(a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a.
(b) As used in this section, “intimate body part” means any portion of the genitals, and, in the case of a female, also includes any portion of the breast below the top of the areola, that is uncovered or visible through less than fully opaque clothing.
(c) There shall be no liability on the part of the person distributing material under subdivision (a) under any of the following circumstances:
(1) The distributed material was created under an agreement by the person appearing in the material for its public use and distribution or otherwise intended by that person for public use and distribution.
(2) The person possessing or viewing the distributed material has permission from the person appearing in the material to publish by any means or post the material on an Internet Web site.
(3) The person appearing in the material waived any reasonable expectation of privacy in the distributed material by making it accessible to the general public.
(4) The distributed material constitutes a matter of public concern.
(5) The distributed material was photographed, filmed, videotaped, recorded, or otherwise reproduced in a public place and under circumstances in which the person depicted had no reasonable expectation of privacy.
(6) The distributed material was previously distributed by another person.
(d) In addition to any other relief available at law, the court may order equitable relief against the person violating subdivision (a), including a temporary restraining order, or a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym as provided in subdivision (f).
(e) The court may also grant, after holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff.
(f) (1) A plaintiff in a civil proceeding pursuant to subdivision (a), may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:
(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.
(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.
(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.
(3) The following definitions apply to this subdivision:
(A) “Identifying characteristics” means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned.
(B) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or Internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.
(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.
(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:
(A) To a party to the action, including a party’s attorney.
(B) To a person by order of the court on a showing of good cause for access.
(C) To any person 60 days after judgment is entered unless the court grants a plaintiff’s motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.
(g) In an action pursuant to this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CIVIL CODE SECTION 1708.85.”
(h) Nothing in this section shall be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. Nothing in this section shall be construed to limit or preclude a plaintiff from securing or recovering any other available remedy.
(i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(j) The Judicial Council shall, on or before January 1, 2019, adopt or revise as appropriate rules and forms in order to implement subdivision (f).
(Amended by Stats. 2017, Ch. 233, Sec. 1. (SB 157) Effective January 1, 2018.)
Criminal
Colorado Revised Statutes 18-7-107: Posting a private image for harassment
- An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older:
  - (I) with the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;
  - (II) (a) without the depicted person’s consent; or (b) when the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and
  - (III) The conduct results in serious emotional distress of the depicted person
- Posting a private image for harassment is a class 1 misdemeanor
Colorado Revised Statutes 18-7-108: Posting a private image for pecuniary gain
- An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older:
  - (I) With the intent to obtain a pecuniary benefit from any person as a result of the posting ,viewing, or removal of the private image; and
  - (II) (a) when the actor has not obtained the depicted person’s consent; or (b) when the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private
- Posting a private image for pecuniary gain is a class 1 misdemeanor
  Civil
Colorado Revised Statutes 18-7-107
- (4) (a) AN INDIVIDUAL WHOSE PRIVATE INTIMATE PARTS HAVE BEEN POSTED IN ACCORDANCE WITH THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE PERSON WHO CAUSED THE POSTING OF THE PRIVATE IMAGES AND IS ENTITLED TO INJUNCTIVE RELIEF, THE GREATER OF TEN THOUSAND DOLLARS OR ACTUAL DAMAGES INCURRED AS A RESULT OF THE POSTING OF THE PRIVATE IMAGES, EXEMPLARY DAMAGES, AND REASONABLE ATTORNEY’S FEES AND COSTS.
Connecticut General Statutes 53a-189c: Unlawful dissemination of an intimate image
- A person is guilty of unlawful dissemination of an intimate image when
  - (1) such person intentionally disseminates by electronic or other means a photograph, film, videotape or other recorded image of
    - (A) the genitals, pubic area or buttocks of another person with less than a fully opaque covering of such body part, or the breast of such other person who is female with less than a fully opaque covering of any portion of such breast below the top of the nipple, or
    - (B) another person engaged in sexual intercourse, as defined in section 53a-193,
  - (2) such person disseminates such image without the consent of such other person, knowing that such other person understood that the image would not be so disseminated, and
  - (3) such other person suffers harm as a result of such dissemination.
- Unlawful dissemination of an intimate image is a class A misdemeanor.
Delaware Code Title 11, 1335: Violation of privacy
- A person is guilty of violation of privacy when, except as authorized by law, the person: “Knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude, or who is engaging in sexual conduct, when the person knows or should have known that the reproduction, distribution, exhibition, publication, transmission, or other dissemination was without the consent of the person depicted and that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy.”
Class A misdemeanor, upgraded to Class G felony if aggravating factors are present.
District of Columbia Code 20-275: Unauthorized disclosure of a sexual image of another person
- It shall be unlawful in the District of Columbia for a person to knowingly disclose one or more sexual images of another identified or identifiable person when:
  - (1) The person depicted did not consent to the disclosure of the sexual image;
  - (2) There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed; and
  - (3) The person disclosed the sexual image with the intent to harm the person depictedor to receive financial gain.
- A person who violates this subsection shall be guilty of a misdemeanor.
District of Columbia Code 20-275: First-degree unlawful publication
- It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person when:
  - (1) The person depicted did not consent to the disclosure or publication of the sexual image;
  - (2) There was an agreement or understanding between the person depicted and the person publishing that that the sexual image would not be disclosed or published; and
  - (3) The person published the sexual image with the intent to harm the person depicted or to receive financial gain.
- A person who violates this subsection shall be guilty of a felony.
§ 22–3054. Second degree unlawful publication
(a) It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person obtained from a third party or other source when:
(1) The person depicted did not consent to the disclosure or publication of the sexual image; and
(2) The person published the sexual image with conscious disregard that the sexual image was obtained as a result of a previous disclosure or publication of the sexual image made with an intent to harm the person depicted or to receive financial gain.
(b) A person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 180 days, or both.
Florida Statutes 784.049: Sexual cyberharassment.
- “Sexually cyberharass” means to publish to an Internet website or disseminate through electronic means to another person a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person without the depicted person’s consent, contrary to the depicted person’s reasonable expectation that the image would remain private, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image.
- A person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree
- A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree
- An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:
  - (a) Injunctive relief.
  - (b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of this section, whichever is greater.
  - (c) Reasonable attorney fees and costs.
Georgia Code 16-11-90: Prohibition on nude or sexually explicit electronic transmissions
- A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly and without the consent of the depicted person:
  - (1) Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or
  - (2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person.
- Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.
Hawaii Revised Statutes 711-1110.9: Violation of privacy in the first degree
- A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law… The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships
- Violation of privacy in the first degree is a class C felony.
Idaho Code 18-6609(2)(b): Video Voyeurism
- A person is guilty of video voyeurism when:
  - (a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells or conspires to disseminate, publish or sell any image of another person who is identifiable from the image itself or information displayed in connection with the image and whose intimate areas are exposed, in whole or in part, or who is engaged in a sexual act;
  - (b) He knew or reasonably should have known that the person depicted in the image understood that the image should remain private; and
  - (c) He knew or reasonably should have known that the person depicted in the image did not consent to the dissemination, publication or sale of the image.
- A violation of this section is a felony.
Illinois Criminal Code 11-23.5: Non-consensual dissemination of private sexual images.
- A person commits non-consensual dissemination of private sexual images when he or she:
  - (1) intentionally disseminates an image of another person:
    - (A) who is at least 18 years of age; and
    - (B) who is identifiable from the image itself or information displayed in connection with the image; and
    - (C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
  - (2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
  - (3) knows or should have known that the person in the image has not consented to the dissemination.
- Non-consensual dissemination of private sexual images is a Class 4 felony.
Indiana Code 35-45-4-8: Distribution of an intimate image (criminal)
- A person who:
  - (1) knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image; and
  - (2) distributes the intimate image;
- commits distribution of an intimate image, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
Indiana Code 34-21.5: Nonconsensual Pornography (civil)
IC 34-21.5-3-1 Action for disclosure of nonconsensual pornography
Sec. 1. (a) A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:
(1) creates or obtains an intimate image of the depicted individual:
(A) under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;
(B) under false pretenses; or
(C) without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;
(2) discloses the intimate image depicting the individual to a third party, with the intent to:
(A) harass;
(B) intimidate;
(C) threaten;
(D) coerce;
(E) embarrass;
(F) gain profit at the expense of; or
(G) cause physical or financial injury or serious emotional distress to;
the depicted person; and
(3) knows or acts with reckless disregard for whether the depicted individual:
(A) was identifiable in the intimate image; and
(B) did not consent to the disclosure of the intimate image to a third party.
(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this section or that the individual lacked a reasonable expectation of privacy:
(1) The individual’s consent to the creation of the image.
(2) The individual’s previous consensual disclosure of the image.
(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
As added by P.L.29-2019, SEC.4.
Iowa Code 708.7: Harassment in the first degree
A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person… disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting
Harassment in the first degree is an aggravated misdemeanor
Kansas Statutes Annotated 21-6101(8): Breach of privacy
- Breach of privacy is knowingly and without lawful authority… disseminating any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a reasonable expectation of privacy, with the intent to harass, threaten or intimidate such identifiable person, and such identifiable person did not consent to such dissemination.
- Severity level 8, person felony.
Kentucky Revised Statutes 531.120: Distribution of sexually explicit images without consent (criminal).
- A person is guilty of distribution of sexually explicit images without consent when:
  - (a) He or she intentionally distributes to any third party private erotic matter without the written consent of the person depicted, and does so with the intent to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and
  - (b) The disclosure would cause a reasonable person to suffer harm.
- This section shall not apply to:
  - (a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
  - (b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
    (c) Disclosures of materials that constitute a matter of public concern; or
    (d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. sec. 230(f)(2), for content solely provided by another person.
- A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other consideration to remove the visual image.
- Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class D felony for the first offense and a Class C felony for each subsequent offense.
- In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.
Louisiana R.S. 14:283.2: disclosure of a private image.
- A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur:
  - (1) The person intentionally discloses an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.
  - (2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.
  - (3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image.
  - (4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.
- Whoever commits the offense of nonconsensual disclosure of a private image shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than two years, or both.
Maine Crim. Code 17-A, section 511-A: Unauthorized dissemination of certain private images
A person is guilty of unauthorized dissemination of certain private images if the person, with the intent to harass, torment or threaten the depicted person or another person, knowingly disseminates, displays or publishes a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in a sexual act or engaged in sexual contact in a manner in which there is no public or newsworthy purpose when the person knows or should have known that the depicted person:
- (A) Is identifiable from the image itself or information displayed in connection with the image; and
- (B) Has not consented to the dissemination, display or publication of the private image
Unauthorized dissemination of certain private images is a Class D crime.
Maryland Criminal Code section 3-809
A person may not knowingly distribute a visual representation of another identifiable person that displays the other person with his or her intimate parts exposed or while engaged in an act of sexual activity:
- (1) with the intent to harm, harass, intimidate, threaten, or coerce the other person;
- (2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or (ii) with reckless disregard as to whether the person consented to the distribution; and
- (3) under circumstances in which the other person had a reasonable expectation that the image would remain private.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Chapter 118 of the Acts of 2024: AN ACT TO PREVENT ABUSE AND EXPLOITATION
SECTION 1. Chapter 12 of the General Laws is hereby amended by adding the following section:-
Section 36. (a) The attorney general, in consultation with the office of the child advocate, the department of elementary and secondary education, the department of youth services, the Massachusetts District Attorneys Association, the committee for public counsel services, the commission on lesbian, gay, bisexual, transgender, queer and questioning youth, Jane Doe Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence and MASOC, Inc., shall develop and administer a comprehensive educational diversion program about the activity commonly known as “sexting”. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and penalties for possessing or disseminating visual material in violation of section 29D of chapter 272 and other applicable federal and state laws; (ii) the nonlegal consequences of possessing and disseminating sexual images including, but not limited to, the effect on relationships, loss of educational and employment opportunities and removal, exclusion and expulsion from school programs and extracurricular activities; (iii) how the internet may produce long-term and unforeseen consequences for possessing or disseminating sexual images online, including the health of relationships and risk of trafficking; (iv) the responsible use of visual material digitization; and (v) the connection between adolescents’ possession or dissemination of sexual images and sexual assault, dating violence and bullying.
(b) In designing the program curriculum, the attorney general shall research effective educational diversion programs, including programs in other states and programs on sexting. The office of the child advocate shall annually review the program design and curriculum and recommend to the attorney general updates as needed to improve efficacy.
(c) The educational diversion program created under this section shall be used for any diversion program required pursuant to section 54B of chapter 119; provided, however, that the district attorney or court having jurisdiction may, where appropriate, refer a delinquent child or an alleged delinquent child to the educational diversion program under this section for violations or alleged violations of other laws if the district attorney or court deems such educational diversion program may be beneficial to a delinquent child or an alleged delinquent child.
(d) Educational material from the educational diversion program shall be made available to school districts for use in educational programs on the topic of possessing or disseminating sexual images.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 100. The department shall encourage school districts to implement instruction in age-appropriate media literacy skills at all grade levels, including in any of the core subjects under section 1D of chapter 69, life skills programming or other subjects, to equip students with the knowledge and skills for accessing, analyzing, evaluating and creating all types of media. The instruction shall use content from the educational diversion program developed under section 36 of chapter 12.
SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after section 54A the following section:-
Section 54B. (a) If a child is alleged to be a delinquent child by reason of a violation of section 29B, 29C or 29D of chapter 272, the court shall, prior to arraignment, indefinitely stay arraignment and direct the child to enter into and complete the educational diversion program developed under section 36 of chapter 12; provided, however, that the district attorney may object in writing to the stay of arraignment. If the district attorney so objects, the court shall consider the objection of the district attorney and shall make a determination on whether to direct the child to enter and complete the educational diversion program. The court may request that the Massachusetts probation service conduct an assessment or that the attorney general make a determination of eligibility to assist the court in making its determination.
(b) The attorney general shall submit to the court a report indicating the child’s successful completion of the educational diversion program. If the court finds on its own initiative or by motion of the district attorney that the child has failed to complete the educational diversion program, the court shall bring the case forward, arraign the child and restore the delinquency complaint to the docket for further proceedings; provided,however, that the judge shall first provide an opportunity for both the district attorney and counsel for the child to be heard on any such motion.
(c) If a child is alleged to be a delinquent child by reason of a violation of section 29B, 29C or 29D of chapter 272 and arraignment has already occurred, the court shall, upon consultation with counsel for the child, place the child on pretrial probation pursuant to section 87 of chapter 276. The conditions of such probation shall include, but not be limited to, completion of the educational diversion program developed under section 36 of chapter 12. The district attorney may object in writing to pretrial probation. If the district attorney so objects, the court shall consider the objection of the district attorney and make a determination on whether to place the child on pretrial probation. The court may request that the Massachusetts probation service conduct an assessment or that the attorney general make a determination of eligibility to assist the court in making its determination.
(d) The attorney general shall submit to the court a report indicating the child’s successful completion of the educational diversion program. If the court finds on its own initiative or by motion of the district attorney that the child has failed to comply with the conditions of probation, the court shall restore the delinquency complaint to the docket for trial or further proceedings.
(e) The following shall not be admissible against the child in any proceedings: (i) a decision by the child not to enter into the educational diversion program developed under section 36 of chapter 12; (ii) a district attorney’s objection to a stay of arraignment or pretrial probation in order for a child to enter into such educational diversion program; (iii) an assessment by the Massachusetts probation service or a determination of eligibility by the attorney general for a child to enter into such educational diversion program; and (iv) any statement made by the child or the child’s family during any assessment, determination of eligibility or hearing by the court to determine whether to divert a child to such educational diversion program. A statement or other disclosure or a record thereof made by a child during the stay of proceedings or pretrial probation shall not be disclosed at any time to a commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the child or a codefendant.
SECTION 4. Section 1 of chapter 209A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Abuse” and inserting in place thereof the following 2 definitions:-
“Abuse”, the occurrence of any of the following acts between family or household members:
(a) attempting to cause or causing physical harm;
(b) placing another in fear of imminent serious physical harm;
(c) causing another to engage involuntarily in sexual relations by force, threat or duress;
(d) coercive control.
“Coercive control”, either:
(a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to:
(i) isolating the family or household member from friends, relatives or other sources of support;
(ii) depriving the family or household member of basic needs;
(iii) controlling, regulating or monitoring the family or household member’s activities, communications, movements, finances, economic resources or access to services, including through technological means;
(iv) compelling a family or household member to abstain from or engage in a specific behavior or activity, including engaging in criminal activity;
(v) threatening to harm a child or relative of the family or household member;
(vi) threatening to commit cruelty or abuse to an animal connected to the family or household member;
(vii) intentionally damaging property belonging to the family or household member;
(viii) threatening to publish sensitive personal information relating to the family or household member, including sexually explicit images; or
(ix) using repeated court actions found by a court not to be warranted by existing law or good faith argument; or (b) a single act intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy of: (i) harming or attempting to harm a child or relative of the family or household member; (ii) committing or attempting to commit abuse to an animal connected to the family or household member; or (iii) publishing or attempting to publish sexually explicit images of the family or household member.
SECTION 5. Section 43A of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- $5,000.
SECTION 6. Said section 43A of said chapter 265, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Digitization”, the creation or alteration of visual material including, but not limited to, through the use of computer-generated images, in a manner that would falsely appear to a reasonable person to be an authentic representation of the person depicted.
“Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast or engage in any other form of transmission, electronic or otherwise.
“Identifiable”, recognizable from the visual material itself or from information offered in connection with the visual material.
“Partially nude”, the exposure of fully uncovered buttocks or all or part of the human genitals or the female nipple-areolar complex.
“Publish”, (i) disseminate an image with the intent that it be made available by any means to any person or other legal entity; (ii) disseminate an image with the intent that it be sold by another person or legal entity; (iii) post, present, display, exhibit, circulate, advertise or allow access to an image by any means so as to make such image available to the public; or (iv) disseminate an image with the intent that it be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means so as to make such image available to the public.
“Visual material”, a photograph, film, video or digital image or recording, whether produced by electronic, mechanical or other means, or any part, representation or reproduction thereof.
(2) Whoever knowingly distributes visual material, including visual material produced by digitization, depicting another person, who is either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual conduct and to whom the distribution causes physical or economic injury or substantial emotional distress, and distributes such visual material with: (i) the intent to harm, harass, intimidate, threaten, coerce or cause substantial emotional distress; or (ii) reckless disregard for: (A) the likelihood that the person depicted will suffer harm, harassment, intimidation, threat, coercion or substantial emotional distress; (B) the depicted person’s lack of consent to the distribution of such visual material, including material produced by digitization; and (C) the depicted person’s reasonable expectation that the visual material would remain private, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2½ years, by a fine of not more than $10,000 or by both such fine and imprisonment. Nothing in this section shall preclude a prosecution under section 29C of chapter 272.
(3) For the purposes of this subsection, consent to the creation of visual material shall not constitute consent to the distribution of the visual material.
(4) This subsection shall not preclude other remedies available at law or in equity including, but not limited to, the issuance by a court of competent jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection.
(5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court, shall only be made available for inspection by court personnel to a district attorney, a defendant’s attorney, a defendant or a victim connected to such prosecution; provided, however, that this paragraph shall not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or a court order.
(6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is voluntary or consensual and occurring (A) in a commercial setting, or (B) in a place where a person does not have a reasonable expectation of privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) distribution of visual material that constitutes a matter of public concern; (v) interactive computer services as defined in 47 U.S.C. 230(f)(2) for content solely provided by another person; or (vi) information services or telecommunications services as defined in 47 U.S.C. 153 for content solely provided by another person.
(c) Whoever, after having been convicted of an offense under this section, commits a second or subsequent offense or whoever commits an offense under this section after having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.
SECTION 7. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:-
Section 29D. (a) Whoever, while under the age of criminal majority, possesses, purchases or disseminates, including by uploading to an internet website, any visual material, as defined in section 31, in violation of section 29B or 29C may be punished in accordance with section 58 of chapter 119.
(b) For the purposes of this section, knowingly disseminating visual material by: (i) reporting the matter to a law enforcement agency, to the department of elementary and secondary education or to a parent, foster parent, guardian, teacher, principal or other relevant school personnel; or (ii) affording a law enforcement agency, the department of elementary and secondary education or a parent, foster parent, guardian, teacher, principal or other relevant school personnel access to the visual material for purposes within the agency’s, department’s or person’s position, authority or capacity shall not constitute dissemination in violation of this section.
(c) A person who has been adjudicated under this section shall not be required to register with the sex offender registry board and no data relating to such adjudication shall be transmitted to the board pursuant to section 178E of chapter 6. A person who has been adjudicated under this section shall not be subject to section 100J of chapter 276 and shall be eligible for expungement of any criminal records of such adjudication.
(d) The juvenile court department shall have exclusive jurisdiction of proceedings under this section.
(e) It shall be an affirmative defense for any crime alleged to have been committed by a juvenile under section 29A, 29B, 29C or this section that: (i) the visual material portrays no person other than the juvenile; or (ii)(A) the juvenile was under 18 years of age at the time of the alleged offense; (B) the visual material portrays only an individual age 16 or older; (C) the visual material was knowingly and voluntarily created and provided to the juvenile by the individual in the image; and (D) the juvenile has not provided or made available the material to another person except the individual depicted who originally sent the material to the juvenile.
(f) Nothing in this section shall prohibit a prosecution for disorderly conduct, public indecency, child pornography or any other applicable provision of law.
(g) The Massachusetts District Attorneys Association, with assistance from the 11 district attorneys’ offices, shall annually, not later than February 15, report on its actions under this section to the clerks of the house of representatives and senate and the chairs of the joint committee on the judiciary. The report shall include, for each office: (i) the number of cases under this section referred to that office; (ii) the number of arraignments conducted for an alleged violation of this section; (iii) the number of cases under this section where no action was taken; (iv) the number of cases under this section where the alleged offender was directed to enter into the educational diversion program developed under section 15 of chapter 18C; (v) the number of cases under this section in which the district attorney objected to diversion pursuant to section 54B of chapter 119 and, of those, the number of cases in which the court proceeded with diversion over the district attorney’s objection; (vi) the number of arraignments conducted for an alleged violation of this section after the alleged offender failed to complete the educational diversion program developed under section 15 of chapter 18C; and (vii) to the extent feasible, the age, gender identity and race of each person diverted or arraigned for alleged violations of this section; provided, however, that all personally identifiable information published in said report shall be deidentified.
SECTION 8. Section 63 of chapter 277 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 13, the word “sections” and inserting in place thereof the following words:- clause (iii) of subsection (b) of section 13A, sections 13M,.
Approved, June 20, 2024.
Michigan Criminal Law 750.145e: Dissemination of sexually explicit visual material of another person
A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person if all of the following conditions apply:
- (a) The other person is not less than 18 years of age.
- (b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.
- (c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.
- (d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material
Michigan Criminal Law 750.145f: Violation of MCL 750.145e; penalty.
A person who violates section 145e is guilty of a crime punishable as follows:
- (a) Except as provided in subdivision (b), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
- (b) For a second or subsequent violation of section 145e, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
Minnesota Criminal Statues 617.261: Nonconsensual dissemination of private sexual images.
- It is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:
  - (1) the person is identifiable:
  - (i) from the image itself, by the person depicted in the image or by another person; or
  - (ii) from personal information displayed in connection with the image;
- (2) the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
- (3) the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
- Whoever violates subdivision 1 is guilty of a gross misdemeanor.
- Whoever violates subdivision 1 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors is present:
  - (1) the person depicted in the image suffers financial loss due to the dissemination of the image;
  - (2) the actor disseminates the image with intent to profit from the dissemination;
  - (3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the image;
  - (4) the actor posts the image on a website;
  - (5) the actor disseminates the image with intent to harass the person depicted in the image;
  - (6) the actor obtained the image by committing a violation of section 609.52, 609.746, 609.89, or 609.891; or
  - (7) the actor has previously been convicted under this chapter.
Civil
604.31 CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION OF PRIVATE SEXUAL IMAGES; SEXUAL SOLICITATION
Nonconsensual dissemination of private sexual images.
- (a) A cause of action against a person for the nonconsensual dissemination of private sexual images exists when:
  - (1) a person disseminated an image without the consent of the person depicted in the image;
  - (2) the image is of an individual depicted in a sexual act or whose intimate parts are exposed in whole or in part;
  - (3) the person is identifiable:
    - (i) from the image itself, by the person depicted in the image or by another person; or
    - (ii) from the personal information displayed in connection with the image; and
  - (4) the image was obtained or created under circumstances in which the person depicted had a reasonable expectation of privacy.
- (b) The fact that the individual depicted in the image consented to the creation of the image or to the voluntary private transmission of the image is not a defense to liability for a person who has disseminated the image without consent.
- The court may award the following damages to a prevailing plaintiff from a person found liable under subdivision 1 or 2:
  - (1) general and special damages, including all finance losses due to the dissemination of the image and damages for mental anguish;
  - (2) an amount equal to any profit made from the dissemination of the image by the person who intentionally disclosed the image;
  - (3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
  - (4) court costs, fees, and reasonable attorney fees.
- Injunction; temporary relief.
  - (a) A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff.
  - (b) The court may issue a civil fine for the violation of a court order in an amount up to $1,000 per day for failure to comply with an order granted under this section.
- The court shall allow confidential filings to protect the privacy of the plaintiff in cases filed under this section.
- Discovery of dissemination. In a civil action brought under subdivision 1, the statute of limitations is tolled until the plaintiff discovers the image has been disseminated.
Mississippi Governor Tate Reeves signed Senate Bill 2121 into law, AN ACT TO CRIMINALIZE THE DISCLOSURE WITHOUT CONSENT OF INTIMATE VISUAL MATERIAL; TO DEFINE TERMS; TO PROVIDE PENALTIES FOR THE CRIME; TO ENUMERATE CERTAIN DEFENSES; AND FOR RELATED PURPOSES. This act shall take effect and be in force from and after July 1, 2021.
Miss. Code § 97-29-64.1 Disclosure of intimate visual material; what constitutes offense; defenses; penalties
(1) A person commits an offense if:
(a) Without the effective consent of the depicted person and with the intent to harm the depicted person, the offender discloses visual material depicting another person with the depicted person’s intimate parts exposed or engaged in sexual conduct;
(b) At the time of the disclosure, the offender knows or has reason to believe that the visual material was obtained by the offender or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
(c) The disclosure of the visual material causes harm to the depicted person; and
(d) The disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(i) Any accompanying or subsequent information or material related to the visual material; or
(ii) Information or material provided by a third party in response to the disclosure of the visual material.
(2) A person commits an offense if the offender intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the depicted person’s intimate parts exposed or engaged in sexual conduct and the offender makes the threat to obtain a benefit:
(a) In return for not making the disclosure; or
(b) In connection with the threatened disclosure.
(3) A person commits an offense if, knowing the character and content of the visual material, the offender promotes visual material described by subsection (1) of this section on an internet website or other forum for publication that is owned or operated by the offender.
(4) It is not a defense to prosecution under this section that the depicted person:
(a) Created or consented to the creation of the visual material; or
(b) Voluntarily transmitted the visual material to the actor.
(5) It is an affirmative defense to prosecution under subsection (1) or (3) of this section that:
(a) The disclosure or promotion is made in the course of:
(i) Lawful and common practices of law enforcement or medical treatment;
(ii) Reporting unlawful activity; or
(iii) A legal proceeding, if the disclosure or promotion is permitted or required by law; or
(b) The disclosure or promotion consists of visual material depicting in a public or commercial setting only a person’s voluntary exposure of:
(i) The person’s intimate parts; or
(ii) The person engaging in sexual conduct.
(6) Where content is provided by another person or entity, nothing in this section shall be construed to impose criminal liability on the following:
(a) An internet service provider;
(b) an interactive computer service, as defined in 47 USC Section 230;
(c) A provider of an electronic communications service, as defined in 18 USC Section 2510;
(d) A telecommunications service, information service or mobile service, as defined in 47 USC Section 153, including a commercial mobile service, as defined in 47 USC Section 332(d); or
(e) A cable operator, as defined in 47 USC Section 522.
(7)
(a) A first offense under this section is a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
(b) A second or subsequent violation of this section is a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by a fine not exceeding Two Thousand Dollars ($2,000.00), or both.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, any offense under this section committed for financial profit shall constitute a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.
(8) A person shall be subject to prosecution in this state for any conduct made unlawful by this section which the person engages in while:
(a) Either within or outside of this state if, by such conduct, the person commits a violation of this section which involves an individual who resides in this state; or
(b) Within this state if, by such conduct, the person commits a violation of this section which involves an individual who resides within or outside this state.
(9) The provisions of this section are supplementary to the provisions of any other statute of this state. If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Miss. Code § 97-29-64.1
Added by Laws, 2021, ch. 462, SB 2121,§ 2, eff. 7/1/2021.
Revised Statutes of Missouri 573.110: Nonconsensual dissemination of private sexual images
A person commits the offense of nonconsensual dissemination of private sexual images if he or she:
- (1) Intentionally disseminates with the intent to harass, threaten, or coerce an image of another person:
  - (a) Who is at least eighteen years of age;
  - (b) Who is identifiable from the image itself or information displayed in connection with the image; and
  - (c) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
- (2) Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
- (3) Knows or should have known that the person in the image did not consent to the dissemination.The offense of nonconsensual dissemination of private sexual images is a class D felony.
Revised Statutes of Missouri 573.112: Threatening the nonconsensual dissemination of private sexual images.
A person commits the offense of threatening the nonconsensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person, which was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:
- (1) Who is at least eighteen years of age;
- (2) Who is identifiable from the image itself or information displayed in connection with the image; and
- (3) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.
The offense of threatening the nonconsensual dissemination of private sexual images is a class E felony.
Montana Code Annotated 45-8-213: Privacy in Communications (criminal)
Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:
- (d) with the purpose to terrify, intimidate, threaten, harass, or injure, publishes or distributes printed or electronic photographs, pictures, images, or films of an identifiable person without the consent of the person depicted that show:
  - (i) the visible genitals, anus, buttocks, or female breast if the nipple is exposed; or
  - (ii) the person depicted engaged in a real or simulated sexual act.
- Subsection (1)(d) does not apply to:
  - (i) images involving the voluntary exposure of a person’s genitals or intimate parts in public or commercial settings; or
  - (ii) (A) disclosures made in the public interest, including but not limited to the reporting of unlawful conduct; (B) disclosures made in the course of performing duties related to law enforcement, including reporting to authorities, criminal or news reporting, legal proceedings, or medical treatment; or (C) disclosures concerning historic, artistic, scientific, or educational materials.
- A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
- On a second conviction, a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
- On a third or subsequent conviction, a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both.
- Nothing in this section may be construed to impose liability on an interactive computer service for content provided by another person.
Nebraska Revised Statute 25-3503 (civil)
- Except as otherwise provided in section 25-3504, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
  - (1) the depicted individual did not consent to the disclosure;
  - (2) the intimate image was private; and
  - (3) the depicted individual was identifiable.
- The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act or that the individual lacked a reasonable expectation of privacy:
  - (1) consent to creation of the image; or
  - (2) previous consensual disclosure of the image.
- A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
Nevada Revised Statutes 200.780: Unlawful dissemination of intimate image
- Except as otherwise provided in subsection 3, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:
  - (a) Did not give prior consent to the electronic dissemination or the sale of the intimate image;
  - (b) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
  - (c) Was at least 18 years of age when the intimate image was created.
- A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony.
2022 New Hampshire Revised Statutes
Title LXII – Criminal Code
Title 644 – Breaches of the Peace and Related Offenses
Section 644:9 – Violation of Privacy.
Universal Citation: NH Rev Stat § 644:9 (2022)
644:9 Violation of Privacy. –
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person’s body underneath that person’s clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
II. As used in this section, ” private place ” means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one’s dwelling place, or any place where a person’s private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, “disseminate” and “sexual activity” shall have the same meaning as in RSA 649-A:2.
III-a. A person is guilty of a misdemeanor if, for the purpose of arousing or gratifying the person’s sexual desire, he or she knowingly views another person, without that person’s knowledge or consent, in a place where one would have a reasonable expectation of privacy. For purposes of this paragraph, ” views ” means looking at another person with the unaided eye or any device intended to improve visual acuity.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.
N.J.S.A. 2C:14-9
2C:14-9. Invasion of privacy; observation of sexual contact; reproduction or disclosure of images of sexual contact or undergarment-clad intimate parts of another person; dressing rooms; defenses
Effective: May 5, 2016
a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person’s consent and under circumstances in which a reasonable person would not expect to be observed.
b, (1) An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person’s consent and under circumstances in which a reasonable person would not expect to be observed.
(2) An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of the undergarment-clad intimate parts of another person, without that person’s consent and under circumstances in which a reasonable person would not expect to have his undergarment-clad intimate parts observed.
c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image, taken in violation of subsection b. of this section, of: (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed; or (3) another person’s undergarment-clad intimate parts, unless that person has consented to such disclosure.
For purposes of this subsection: (1) “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise , offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and (2) “intimate parts” has the meaning ascribed to it in N.J.S.2C:14-1. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
d. It is an affirmative defense to a crime under this section that:
1. the actor posted or otherwise provided prior notice to the person of the actor’s intent to engage in the conduct specified in subsection a., b., or c., and
2. the actor acted with a lawful purpose.
e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.
(2) It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:
- a. to law enforcement officers in connection with a criminal prosecution;
- b. pursuant to subpoena or court order for use in a legal proceeding; or
- c. to a co-worker, manager or supervisor acting within the scope of his employment.
f. It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.
g. For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.
h. Notwithstanding the provisions of J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.
Credits
L.2003, c. 206, § 1, eff. Jan. 8, 2004. Amended by L.2016, c. 2, § 1, eff. May 5, 2016.
N.J.S.A. 2A:58D-1
2A:58D-1. Invasion of privacy; reproduction or disclosure of images of sexual contact, exposed intimate parts, or undergarment-clad intimate parts of another person; civil liability; damages
Effective: May 5, 2016
a. An actor who, in violation of section 1 of L.2003, c. 206 (C.2C:14-9), photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court.
b. An actor who, in violation of section 1 of L.2003, c. 206 (C.2C:14-9), discloses any photograph, film, videotape, recording or any other reproduction of the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section: (1) “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise , offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and (2) “intimate parts” has the meaning ascribed to it in N.J.S.2C:14-1.
c. The court may award:
1. actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this act;
2. punitive damages upon proof of willful or reckless disregard of the law;
3. reasonable attorney’s fees and other litigation costs reasonably incurred; and
4. such other preliminary and equitable relief as the court determines to be appropriate.
A conviction of a violation of section 1 of P.L.2003, c. 206 (C.2C:14-9) shall not be a prerequisite for a civil action brought pursuant to this section.
New Mexico Criminal Code 30-37A-1: Unauthorized distribution of sensitive images
Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person’s consent:
- (1) with the intent to:
  - (a) harass, humiliate or intimidate that person;
  - (b) incite another to harass, humiliate or intimidate that person;
  - (c) cause that person to reasonably fear for that person’s own or family members’ safety;
  - (d) cause that person to suffer unwanted physical contact or injury; or
  - (e) cause that person to suffer substantial emotional distress; and
- (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress
Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
CRIMINAL LAW:
Section 245.15 Unlawful dissemination or publication of an intimate image
1. A person is guilty of unlawful dissemination or publication of an intimate image when:(a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts:(i) an unclothed or exposed intimate part of such other person; or(ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and(b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.2. For purposes of this section “intimate part” means the naked genitals, pubic area, anus or female nipple of the person.2-a. For purposes of this section “disseminate” and “publish” shall have the same meaning as defined in section 250.40 of this title.3. This section shall not apply to the following:(a) the reporting of unlawful conduct;(b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment;(c) images involving voluntary exposure in a public or commercial setting; or(d) dissemination or publication of an intimate image made for a legitimate public purpose.4. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.Unlawful dissemination or publication of an intimate image is a class A misdemeanor.
CIVIL LAW:
Section 52-B Private right of action for unlawful dissemination or publication of an intimate image
Private right of action for unlawful dissemination or publication of an intimate image.
1. Any person depicted in a still or video image, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image:a. was taken when such person had a reasonable expectation that the image would remain private; andb. depicts (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; andc. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.2. In any action commenced pursuant to subdivision one of this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney’s fees.3. This section shall not apply to the following:a. the reporting of unlawful conduct;b. dissemination or publication of an intimate still or video image made during lawful and common practices of law enforcement, legal proceedings or medical treatment;c. images involving voluntary exposure in a public or commercial setting; ord. dissemination or publication of an intimate still or video image made for a legitimate public purpose.4. Any person depicted in a still or video image that depicts an unclothed or exposed intimate part of such person, or such person engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person, which is disseminated or published without the consent of such person and where such person had a reasonable expectation that the image would remain private, may maintain an action or special proceeding for a court order to require any website that is subject to personal jurisdiction under subdivision five of this section to permanently remove such still or video image; any such court order granted pursuant to this subdivision may direct removal only as to images that are reasonably within such website’s control.5. a. Any website that hosts or transmits a still or video image, viewable in this state, taken under circumstances where the person depicted had a reasonable expectation that the image would remain private, which depicts:(i) an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, of a resident of this state; or(ii) a resident of this state engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person; andb. Such still or video image is hosted or transmitted without the consent of such resident of this state, shall be subject to personal jurisdiction in a civil action in this state to the maximum extent permitted under the United States constitution and federal law.6. A cause of action or special proceeding under this section shall be commenced the later of either:a. three years after the dissemination or publication of an image; orb. one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.7. Nothing herein shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for by this section.8. The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity.9. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.10. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.
North Carolina General Statutes 14-190.5A: Disclosure of private images
- A person is guilty of disclosure of private images if all of the following apply:
  - (1) The person knowingly discloses an image of another person with the intent to do either of the following:
    - Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
    - Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
  - (2) The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
  - (3) The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.
  - (4) The person discloses the image without the affirmative consent of the depicted person.
  - (5) The person discloses the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy.
- A violation of this section shall be punishable as follows:
  - (1) For an offense by a person who is 18 years of age or older at the time of the offense, the violation is a Class H felony.
  - (2) For a first offense by a person who is under 18 years of age at the time of the offense, the violation is a Class 1 misdemeanor.
  - (3) For a second or subsequent offense by a person who is under the age of 18 at the time of the offense, the violation is a Class H felony.
- In addition to any penalty or other damages, the court may award the destruction of any image made in violation of this section
- In addition to any other remedies at law or in equity, including an order by the court to destroy any image disclosed in violation of this section, any person whose image is disclosed, or used, as described in subsection (b) of this section, has a civil cause of action against any person who discloses or uses the image and is entitled to recover from the other person any of the following:
  - (1) Actual damages, but not less than liquidated damages, to be computed at the rate of one thousand dollars ($1,000) per day for each day of the violation or in the amount of ten thousand dollars ($10,000), whichever is higher.
  - (2) Punitive damages.
  - (3) A reasonable attorneys’ fee and other litigation costs reasonably incurred.
- The civil cause of action may be brought no more than one year after the initial discovery of the disclosure, but in no event may the action be commenced more than seven years from the most recent disclosure of the private image.
North Dakota Century Code 12.1-17-07.2: Distribution of intimate images without or against consent
A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if:
- The person knows that the depicted individual has not given consent to the person to distribute the intimate image;
- The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and
- Actual emotional distress or harm is caused to the individual as a result of the distribution under this section
  Distribution of an intimate image is a class A misdemeanor
Ohio Revised Code 2917.211: Dissemination of image of another person
- No person shall knowingly disseminate an image of another person if all of the following apply:
  - (1) The person in the image is eighteen years of age or older.
  - (2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
  - (3) The person in the image is in a state of nudity or is engaged in a sexual act.
  - (4) The image is disseminated without consent from the person in the image.
  - (5) The image is disseminated with intent to harm the person in the image.
- Whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
- If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
- If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
Ohio Revised Code 2307.66: Civil action for dissemination of images
- A victim of a violation of section 2917.211 of the Revised Code has and may commence a civil cause of action against the offender for any of the following, in addition to reasonable attorney’s fees and the costs of bringing the action:
  - (1) An injunction or a temporary restraining order prohibiting further dissemination of the image that is the subject of the violation;
  - (2) Compensatory and punitive damages for harm resulting from the violation.
- The victim shall be presumed to have suffered harm as a result of the nonconsensual dissemination of private sexual images.
Oklahoma Statutes 1040.13b: Nonconsensual dissemination of sexual images
- A person commits nonconsensual dissemination of private sexual images when he or she:
  - Intentionally disseminates an image of another person:
    - who is at least eighteen (18) years of age,
    - who is identifiable from the image itself or information displayed in connection with the image, and
    - who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
  - Disseminates the image with the intent to harass, intimidate or coerce the person, or under circumstances in which a reasonable person would know or understand that dissemination of the image would harass, intimidate or coerce the person;
  - Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
  - Knows or a reasonable person should have known that the person in the image has not consented to the dissemination.
- Any person who violates the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment
- The court shall have the authority to order the defendant to remove the disseminated image should the court find it is in the power of the defendant to do so.
https://oksenate.gov/sites/default/files/2019-12/os21.pdf page 293
Oregon Revised Statutes 163.472: Unlawful dissemination of an intimate image
- A person commits the crime of unlawful dissemination of an intimate image if:
  - (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an Internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct;
  - (b) The person knows or reasonably should have known that the other person does not consent to the disclosure;
  - (c) The other person is harassed, humiliated or injured by the disclosure; and
  - (d) A reasonable person would be harassed, humiliated or injured by the disclosure
- Unlawful dissemination of an intimate image is a Class A misdemeanor.
- Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.
Pennsylvania Consolidated Statutes Title 18 Section 3131: Unlawful dissemination of intimate image
- A person commits the offense of unlawful dissemination of intimate image if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct
- An offense under subsection (a) shall be:
  - (1) A misdemeanor of the first degree, when the person depicted is a minor.
  - (2) A misdemeanor of the second degree, when the person depicted is not a minor.
Pennsylvania Consolidated Statutes Title 42 Section 8316.1: Damages in actions for unlawful dissemination of intimate image
- A person may bring a civil cause of action based upon unlawful dissemination of intimate image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful dissemination of intimate image), in order to recover damages for any loss or injury sustained as a result of the violation.
- A court of competent jurisdiction may award damages as set forth in this subsection. In determining the extent of injury, the court shall consider that dissemination of an intimate image may cause long-term or permanent injury. The court may award:
  - (1) Actual damages arising from the incident or $500, whichever is greater. Damages include loss of money, reputation or property, whether real or personal. The court may, in its discretion, award up to three times the actual damages sustained, but not less than $500.
  - (2) Reasonable attorney fees and court costs.
  - (3) Additional relief the court deems necessary and proper
Rhode Island General Laws 11-64-3: Unauthorized dissemination of indecent material
- A person is guilty of unauthorized dissemination of a sexually explicit visual image of another person when the person intentionally, by any means, disseminates, publishes, or sells:
  - (1) A visual image that depicts another identifiable person eighteen (18) years or older engaged in sexually explicit conduct or of the intimate areas of that person;
  - (2) The visual image was made, captured, recorded, or obtained under circumstances in which a reasonable person would know or understand that the image was to remain private;
  - (3) The visual image was disseminated, published, or sold without the consent of the depicted person; and
  - (4) With knowledge or with reckless disregard for the likelihood that the depicted person will suffer harm, or with the intent to harass, intimidate, threaten, or coerce the depicted person.
- A first violation of this section shall be a misdemeanor and, upon conviction, subject to imprisonment of not more than one year, a fine of not more than one thousand dollars ($1,000), or both. A second or subsequent violation of this section shall be a felony and, upon conviction, subject to imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000), or both.
- Any person who demands payment of money, property, services, or anything else of value from a person in exchange for removing any visual image described in subsection (a) from public view shall be guilty of a felony and, upon conviction, be subject to imprisonment for up to five (5) years, a fine of up to five thousand dollars ($5,000), or both.
South Carolina Code of Laws Section 16-15-332: Unauthorized disclosure of intimate images
Definitions
SECTION 1. Article 3, Chapter 15, Title 16 of the S.C. Code is amended by adding:
Section 16-15-330. For purposes of Section 16-15-332, the term:
(1) “Digitally forged intimate image” means any intimate image of an identifiable individual that appears to a reasonable person to be indistinguishable from an authentic visual depiction of the individual, and that is generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict an individual’s appearance or conduct, regardless of whether the visual depiction indicates, through a label or some other form of information published with the visual depiction, that the visual depiction is not authentic.
(2) “Effective consent” means the affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. The disclosure of the intimate image or digitally forged intimate image by the identifiable individual to another person is not sufficient effective consent under this section.
(3) “Identifiable individual” means the identity of the depicted person through an intimate image or digitally forged intimate image, or whose identity can be determined through any accompanying or subsequent information or material related to the visual material.
(4) “Intimate image” means any still or videographic image of an identifiable individual that depicts wholly or partially uncovered genitals, pubic area, anus, or postpubescent female nipple or areola of an individual, the display or transfer of semen or vaginal secretion, sexual activity, as defined in Section 16-15-375, or sexually explicit nudity, as defined in Section 16-15-375.
Unauthorized disclosure of intimate images
SECTION 2. Article 3, Chapter 15, Title 16 of the S.C. Code is amended by adding:
Section 16-15-332. (A) A person who intentionally disseminates an intimate image or a digitally forged intimate image of another person without the effective consent of the depicted person is guilty of the unauthorized disclosure of intimate images. A person intentionally disseminates an intimate image or a digitally forged intimate image if he has knowledge that the image was obtained or created under circumstances when he knew or reasonably should have known the person depicted had a reasonable expectation of privacy. Any dissemination of multiple intimate images of the same individual as part of a common act is a single offense. The fact that the identifiable individual:
(1) provided affirmative consent for the creation of the intimate image shall not establish that the individual provided effective consent for the dissemination of the intimate image; and
(2) disclosed the intimate image to another individual shall not establish that the identifiable individual provided effective consent for the dissemination of the intimate image by the person alleged to have violated this section.
(B) A person who violates the provisions of this section, with the intent to cause physical, mental, economic, or reputational harm to the individual portrayed in the image, or for the purpose of profit or pecuniary gain, is guilty of a felony and, upon conviction, for a:
(1) first offense, must be fined not more than five thousand dollars or imprisoned not more than five years, or both; or
(2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, must be fined not more than ten thousand dollars or imprisoned not less than one year but not more than ten years, or both. No part of the minimum sentence may be suspended nor probation granted.
(C) A person who violates the provisions of this section, without the intent to cause physical, mental, economic, or reputational harm to the individual portrayed in the image, or for the purpose of profit or pecuniary gain, for a:
(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both; or
(2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) Intimate images or digitally forged intimate images cannot be duplicated for the purpose of criminal discovery requests and motions.
(E) A violation of this section is not a lesser-included offense of any other applicable offense but is a separate offense and does not preclude charges under another applicable provision of law.
(F) The provisions of this section do not apply to any intimate image or digitally forged intimate image created by law enforcement pursuant to a criminal investigation which is otherwise lawful.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2025.
Approved the 12th day of May, 2025.
South Dakota Codified Laws 22-21-4: Use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass
- No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
- A violation of this section is a Class 1 misdemeanor.
- However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.
Tennessee Code §39-17-318: Unlawful exposure
- A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person if:
  - (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
  - (2) The person depicted in the image suffers emotional distress.
- A violation of subsection (a) is a Class A misdemeanor.
Texas Penal Code 21.16: Unlawful disclosure or promotion of intimate visual material
A person commits an offense if:
- (1) without the effective consent of the depicted person, the person intentionally discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
- (2) the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
- (3) the disclosure of the visual material causes harm to the depicted person; and
- (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
  - (a) any accompanying or subsequent information or material related to the visual material; or
  - (b) information or material provided by a third party in response to the disclosure of the visual material.
  - (c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
    - (1) in return for not making the disclosure; or
  - (2) in connection with the threatened disclosure.
    (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
An offense under this section is a state jail felony.
Texas Civil Practice and Remedies Code 98B.002: Unlawful disclosure or promotion of intimate visual material
A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if:
- (1) the defendant discloses the intimate visual material without the effective consent of the depicted person;
- (2) the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private;
- (3) the disclosure of the intimate visual material causes harm to the depicted person; and
- (4) the disclosure of the intimate visual material reveals the identity of the depicted person in any manner, including through:
  - (A) any accompanying or subsequent information or material related to the intimate visual material; or
  - (B) information or material provided by a third party in response to the disclosure of the intimate visual material.
- A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the promotion of the material if, knowing the character and content of the material, the defendant promotes intimate visual material described by Subsection (a) on an Internet website or other forum for publication that is owned or operated by the defendant.
- A claimant who prevails in a suit under this chapter shall be awarded:
  - (1) actual damages, including damages for mental anguish;
  - (2) court costs; and
  - (3) reasonable attorney’s fees.
- A court in which a suit is brought under this chapter, on the motion of a party, may issue a temporary restraining order or a temporary or permanent injunction to restrain and prevent the disclosure or promotion of intimate visual material with respect to the person depicted in the material.
- A court that issues a temporary restraining order or a temporary or permanent injunction under Subsection (a) may award to the party who brought the motion damages in the amount of:
  - (1) $1,000 for each violation of the court’s order or injunction, if the disclosure or promotion of intimate visual material is wilful or intentional; or
  - (2) $500 for each violation of the court’s order or injunction, if the disclosure or promotion of intimate visual material is not wilful or intentional.
Utah Code 76-5b-203: Distribution of an intimate image
13 V.S.A. § 2606: Disclosure of sexually explicit images without consent.
- A person violates this section if he or she knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording of the visual image does not, by itself, constitute consent for disclosure of the image.
  - (1) A person who violates this subdivision (1) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.
  - (2) A person who violates subdivision (1) of this subsection with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
- A person who maintains an Internet website, online service, online application, or mobile application that contains a visual image of an identifiable person who is nude or who is engaged in sexual conduct shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disclosing the visual image if requested by the depicted person.
- A plaintiff shall have a private cause of action against a defendant who knowingly discloses, without the plaintiff’s consent, an identifiable visual image of the plaintiff while he or she is nude or engaged in sexual conduct and the disclosure causes the plaintiff harm.
- In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
Code of Virginia 18.2-386.2: Unlawful dissemination or sale of images of another
- Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor.
Washington Revised Code 9A.86.010: Disclosing Intimate Images
(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
(b) Knows or should have known that the depicted person has not consented to the disclosure; and
(c) Knows or reasonably should know that disclosure would cause harm to the depicted person.
(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:
(a) Intentionally and maliciously disclosed an intimate image of another person;
(b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(c) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Images involving voluntary exposure in public or commercial settings; or
(b) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.
(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or
(c) A telecommunications network or broadband provider.
(5) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.
(6) For purposes of this section:
(a) “Disclosing” includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;
(b) “Intimate image” means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:
(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or
(ii) A person’s intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(7) The crime of disclosing intimate images:
(a) Is a gross misdemeanor on the first offense; or
(b) Is a class C felony if the defendant has one or more prior convictions for disclosing intimate images.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
Code of West Virginia 61-8-28a: Nonconsensual disclosure of private intimate images
§61-8-28a. Nonconsensual disclosure of private intimate images; definitions; and penalties.
(a) As used in this section:
(1) “Disclose” means to publish, publicly display, distribute, deliver, circulate or disseminate by any means, including, but not limited to, electronic transmission.
(2) “Image” means a photograph, videotape, motion picture film, digital recording or any product of any mechanical or electronic recording process or device that can preserve, for later viewing, a visual image.
(3) “Intimate parts” means a person’s genitalia, pubic area, anus or female post-pubescent breasts.
(4) To “publicly disclose” means to disclose an image to one or more persons other than those persons whom the person depicted understood would view the image at the time it was captured.
(b) No person may knowingly and intentionally disclose, cause to be disclosed or threaten to disclose, with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce, an image of another which shows the intimate parts of the depicted person or shows the depicted person engaged in sexually explicit conduct which was captured under circumstances where the person depicted had a reasonable expectation that the image would not be publicly disclosed.
(c) (1) A person convicted of a violation of subsection (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not less than $1,000 nor more than $5,000, or both confined and fined.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person convicted of a second or subsequent violation of subsection (b) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not more than three years, fined not less than $2,500 nor more than $10,000, or both imprisoned and fined.
(d) The provisions of this section do not apply to:
(1) Images disclosed with the prior written consent of the person depicted;
(2) Images depicting the person voluntarily exposing himself or herself in a public or commercial setting; or
(3) Disclosures made through the reporting of illegal conduct or the lawful and common practices of law enforcement, criminal reporting, legal proceeding or medical treatment.
(e) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service as defined by 47 U. S. C. §230(f)(2), an information service as defined by 47 U. S. C. §153(24), or telecommunications service as defined by 47 U. S. C. §153(53), for content provided by another person.
Code of Wisconsin 942.09: Representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct
- Whoever does any of the following is guilty of a Class I felony:
  - Captures an intimate representation without the consent of the person depicted under circumstances in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted does not consent to the capture of the intimate representation.
  - Makes a reproduction of an intimate representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts an intimate representation captured in violation of subd. 1., if the person depicted in the reproduction did not consent to the making of the reproduction.
  - Possesses, distributes, or exhibits an intimate representation that was captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the person knows or has reason to know that the intimate representation was captured in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if the person who is depicted in the intimate representation or reproduction did not consent to the possession, distribution, or exhibition.
- Whoever does any of the following is guilty of a Class A misdemeanor:
  - Posts, publishes, or causes to be posted or published, a private representation if the actor knows that the person depicted does not consent to the posting or publication of the private representation.
  - Posts, publishes, or causes to be posted or published, a depiction of a person that he or she knows is a private representation, without the consent of the person depicted.
  - A person who commits a violation specified under par. (a) is guilty of a Class I felony if the person depicted or represented in the violation of par. (a) had not, at the time of the violation, attained the age of 18 years.
Wyo. Stat. § 6-4-306: Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability.
(a) As used in this section:
(i) “Displaying sexual acts” means displaying an image of sexual acts regardless of whether a person’s intimate parts are visible in the image;
(ii) “Disseminate” means to sell, distribute, deliver, provide, exhibit, post on social media or otherwise make available to a third party, but shall not include displaying an intimate image in private to the person depicted in the image;
(iii) “Image” means a photograph, film, videotape, recording, digital file or any other recording, including a computer generated image that purports to represent an identifiable person;
(iv) “Intimate image” means an image of a person’s intimate parts or of a person engaging in sexual acts when the person depicted is identifiable from the image itself or from information displayed with or otherwise connected to the image;
(v) “Intimate parts” means the external genitalia, perineum, anus or pubic area of any person or the breast of a female person;
(vi) “Sexual acts” means sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse or any intrusion, however slight, by any object or any part of a person’s body into the genital or anal opening of another person’s body if the intrusion can reasonably be construed as being for the purpose of sexual arousal, gratification or abuse;
(vii) “Social media” means any electronic medium, including an interactive computer service, telephone network or data network, that allows users to create, share, post or view user generated content, including but not limited to images, videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail or internet website profiles.
(b) A person eighteen (18) years of age or older is guilty of the offense of disseminating an intimate image if the person:
(i) Disseminated an intimate image of another person;
(ii) Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and the depicted person did not expressly give consent for the image’s dissemination; and
(iii) Intended:
(A) To humiliate, harm, harass, threaten or coerce another; or
(B) For sexual gratification or arousal of others or of the person disseminating the intimate image.
(c) Dissemination of an intimate image is a misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.
(d) Nothing in the section shall be construed to impose criminal liability on the provider of an interactive computer service as defined in 47 U.S.C. § 230, an information service as defined in 47 U.S.C. § 153 or a telecommunications service as defined in 47 U.S.C. § 153, for content provided by another person.

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