House Bill #7452 (2018)

AN ACT RELATING TO CRIMINAL OFFENSES - ELECTRONIC IMAGING DEVICES

Prohibits the dissemination of any indecent image of another person without authorization for the purpose of harassing, intimidating, threatening another person.

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  • 2018 – H 7452
  • 2018 – H 7452 SUBSTITUTE A
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  • LC003319
  • LC003319/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES - ELECTRONIC IMAGING DEVICES
  • Introduced By: Representatives Craven, Marszalkowski, O'Brien, Ucci, and Fogarty
  • Date Introduced: February 02, 2018
  • Referred To: House Judiciary
  • (Attorney General)
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 11-64-1 of the General Laws in Chapter 11-64 entitled "Electronic Imaging Devices" is hereby amended to read as follows:
  • 11-64-1. Definitions.
  • (1) For the purposes of this section the following definitions apply:
  • (a) "Disseminate" means to make available by any means to any person.
  • (b) "Imaging device" means any electronic instrument capable of capturing, recording, storing or transmitting visual images.
  • (c) "Intimate areas" means the naked or undergarment clad genitals, pubic area, buttocks, or any portion of the female breast below the top of the areola of a person which the person intended to be protected from public view.
  • (d) "Legal entity" means any partnership, firm, association, corporation or any agent or servant thereof.
  • (e) "Publish" means to:
  • (b) "Harm" means bodily injury, emotional distress, financial loss, or reputational injury.
  • (c) "Identifiable" means identifiable by any person from the visual image or information offered in connection with the visual material.
  • (b)(d) "Imaging device" means any electronic instrument capable of capturing, recording, storing or transmitting visual images.
  • (c)(e) "Intimate areas" means the naked or undergarment clad genitals, pubic area, buttocks, or any portion of the female breast below the top of the areola of a person which the person intended to be protected from public view.
  • (d)(f) "Legal entity" means any partnership, firm, association, corporation or any agent or servant thereof.
  • (e)(g) "Publish" means to:
  • (i) Disseminate with the intent that such image or images be made available by any means to any person or other legal entity;
  • (ii) Disseminate with the intent such images be sold by another person or legal entity;
  • (iii) Post, present, display, exhibit, circulate, advertise or allow access by any means, so as to make an image or images available to the public; or
  • (iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means, and to make such images available to the public.
  • (f) "Sell" means to disseminate to another person, or to publish, in exchange for something of value.
  • (g) "Sexually explicit conduct" means actual:
  • (1) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;
  • (2) Bestiality;
  • (3) Masturbation; or
  • (4) Sadistic or masochistic abuse.
  • (h) "Visual image" means any photograph, picture, film, videotape, digital recording, or other depiction, portrayal or representation of an object, including the human body.
  • (iii) Post, present, display, exhibit, circulate, advertise or allow access by any means, so as to make an image or images available to the public; or
  • (iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means, and to make such images available to the public.
  • (f)(h) "Sell" means to disseminate to another person, or to publish, in exchange for something of value.
  • (i) "Sexually explicit conduct" means actual:
  • (i) Graphic sexual intercourse, including genital-genital; oral-genital, anal-genital, or oral-anal, or lascivious sex where the genitals, or pubic area of any person is exhibited;
  • (ii) Bestiality;
  • (iii) Masturbation; or
  • (iv) Sadistic or masochistic abuse.
  • (j) "Visual image" means any photograph, film, video, or digital image or recording, whether produced by electronic, mechanical or other means.
  • SECTION 2. Chapter 11-64 of the General Laws entitled "Electronic Imaging Devices" is hereby amended by adding thereto the following section:
  • 11-64-3. Unauthorized Dissemination of Indecent Material.
  • (a) A person is guilty of unauthorized dissemination of indecent material when:
  • (1) The person captures, records, stores, or receives a visual image depicting another person eighteen (18) years of age or older engaged in sexually explicit conduct or of the intimate areas of that person; and
  • (2) The visual image is captured, recorded, stored, or received with or without that person's knowledge or consent and under such circumstances in which a reasonable person would know or understand that the image was to remain private; and
  • (3) The person intentionally, by any means, disseminates, publishes, or sells such visual image without the affirmative consent of the depicted person or persons in the visual image for no legitimate purpose.
  • (b) A third party recipient of any visual image described in subsection (a) of this section shall not be charged under this section if they did not have actual knowledge that the visual image was intentionally disseminated, published, or sold in violation of subsection (a) of this section.
  • (c) For the purposes of this section, "intimate areas" means the naked genitals, pubic area, buttocks, or any portion of the female breast below the top of the areola of a person which the person intended to be protected from public view.
  • (d) 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.
  • 11-64-3. Unauthorized dissemination of indecent material.
  • (a) 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 such 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.
  • (b) Subsection (a) of this section shall not apply to:
  • (1) A visual image that involves voluntary exposure of intimate areas or of sexually explicit conduct in a public or commercial setting, or in a place where a person does not have a reasonable expectation of privacy;
  • (2) Dissemination made in the public interest, scientific activities, or educational activities;
  • (3) Dissemination made in the course of a lawful public proceeding;
  • (4) Dissemination made for purposes of law enforcement, criminal reporting, corrections, legal proceedings, the reporting of unlawful conduct, or for medical treatment; or
  • (5) Dissemination of an image that constitutes a matter of public concern, such as a matter related to a newsworthy event or related to a public figure.
  • (c) For the purposes of this section, "intimate areas" means the naked genitals, pubic area, buttocks, or any portion of the female breast below the top of the areola of a person which the person intended to protect from public view.
  • (d) 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.
  • (e) Any person who intentionally threatens to disclose any visual image described in subsection (a) of this section and makes the threat to obtain a benefit in return for not making the disclosure or in connection with the threatened disclosure, 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.
  • (f) 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) of this section 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.
  • (g) Those in violation of this section shall not be subject to sex offender registration requirements set forth in chapter 37.1 of title 11 "sexual offender registration and community notification act."
  • (h) The following activities are exempt from the provisions of this section:
  • (1) The unauthorized dissemination of indecent material when the dissemination serves a lawful purpose.
  • (2) The unauthorized dissemination of indecent material when the dissemination is made in the course of a lawful public proceeding.
  • (3) The unauthorized dissemination of indecent material when the dissemination involves voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have a reasonable expectation of privacy.
  • (4) The unauthorized dissemination of indecent material when the dissemination is made in the public interest, including the reporting of unlawful conduct, or lawful and common practice of law enforcement, criminal reporting, corrections, legal proceedings, medical activities, scientific activities, or educational activities.
  • (5) The unauthorized dissemination of indecent material when the dissemination constitutes a matter of public concern.
  • (i) Nothing in this section shall be construed to impose liability on an interactive computer service as defined in 47 U.S.C. 230(f)(2), an information service as defined in 47 U.S.C. 153, or a telecommunications service as defined in § 44-18-7.1, for content provided by another person.
  • (j) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs within this state.
  • SECTION 3. This section shall take effect upon passage. ======== LC003319 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES - ELECTRONIC IMAGING DEVICES
  • ***
  • This act would prohibit a person from electronically disseminating visual images of another engaged in sexually explicit conduct or the intimate parts of another, under such circumstances in which a reasonable person would know or understand that the image was to remain private and without the depicted person's affirmative consent. This act would further provide that first violations would 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 and that a second or subsequent violation would 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.
  • This act would take effect upon passage.
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  • LC003319
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  • (f) Any person who demands payment of money, property, services or anything else of value from a person in exchange for removing any visual image describe in subsection (a) of this section 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.
  • (g) Those in violation of this section shall not be subject to sex offender registration requirements as set forth in chapter 37.1 of title 11 entitled "Sexual Offender Registration and Community Notification Act."
  • (h) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs in this state.
  • (i) Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), an information service, as defined in 47 U.S.C. § 153, or a telecommunications service, as defined in § 44-18-7.1, for content provided by another person.
  • SECTION 3. This act shall take effect upon passage. ======== LC003319/SUB A ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES - ELECTRONIC IMAGING DEVICES
  • ***
  • This act would define sexually explicit conduct and visual image and would prohibit any person from disseminating any indecent image of another person without authorization for the purpose of harassing, intimidating, threatening another person if that person is eighteen (18) years of age or older and is identifiable from the image. Exceptions would include dissemination for lawful purposes, legal proceedings, medical or educational activities. Violation of this section would be a misdemeanor for a first offense and a felony for subsequent offenses. It would also make demanding payment for not disclosing or refusing to remove the image from public view a felony.
  • This act would take effect upon passage. ======== LC003319/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

April 12, 2018 at 6:07pm
Yeas: 66 / Nays: 0 / Not voting: 9 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida NV
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario NV
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty NV
Rep. Giarrusso NV
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez NV
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y