Senate Bill #2581 (2018)

AN ACT RELATING TO CRIMINAL OFFENSE - ELECTRONIC IMAGING DEVICES

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

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2018 – S 2581
  • 2018 – S 2581 SUBSTITUTE A
  • ========
  • LC004936
  • LC004936/SUB A
  • ========
  • 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 OFFENSE - ELECTRONIC IMAGING DEVICES
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL OFFENSE - ELECTRONIC IMAGING DEVICES
  • Introduced By: Senators Lynch Prata, Goodwin, McCaffrey, Gallo, and Conley
  • Date Introduced: March 01, 2018
  • Referred To: Senate Judiciary
  • (Governor)
  • 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:
  • It is enacted by the GeneralAssembly 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:
  • (i) Disseminate with the intent that such image or images be made available by any means to any person or other legal entity;
  • (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 legalentity;
  • (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:
  • (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 in a sexual context.
  • (h) "Visual image" means any photographic, picture, film, videotape, digital recording, or other depiction, portrayal or representation of an object, including the human body.
  • (iv) Sadistic or masochistic abuse.
  • (j) "Visual image" means any photograph, film, video, or digital image or recording, whether produced by electronic, mechanicalor 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 the person:
  • (1) Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates, publishes or sells a visual image of such person who is:
  • (i) Eighteen (18) years of age or older and is identifiable from the image itself or the information displayed or depicted in connection with the image; and
  • (ii) 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 should have known that the person in the image intended 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.
  • (b) For purposes of this section, "intimate areas" means the naked genitals, pubic area, anus or any portion of the female breast below the top of the areola which the person intended to be protected from public view.
  • (c) 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.
  • (d) 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.
  • (e) 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.
  • (f) Those in violation of this section shall not be subject to sex offender registration requirements set forth in chapter 31.1 of title 11 (sexual offender registration and community notification act.)
  • (g) The following activities are exempt from the provisions of this section:
  • (1) The unauthorized dissemination of 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 a public or commercial setting, 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;
  • (h) A violation of this section shall be deemed committed in 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 any 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. ======== LC004936 ========
  • (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) year 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
  • LC004936/SUB A - Page 2of 5 activities;
  • (3) Dissemination made in the course of a lawfulpublic 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 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.
  • LC004936/SUB A - Page 3of 5
  • SECTION 3. This act shalltake effect upon passage. ======== LC004936/SUB A ========
  • LC004936/SUB A - Page 4of 5
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • A N A C T
  • RELATING TO CRIMINAL OFFENSE - 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. ======== LC004936 ========
  • 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. ======== LC004936/SUB A ========
  • LC004936/SUB A - Page 5of 5

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 10, 2018 at 4:23pm
Yeas: 35 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan NV
Sen. Sosnowski Y

Floor vote for PASSAGE IN CONCURRENCE

May 30, 2018 at 4:39pm
Yeas: 70 / Nays: 0 / Not voting: 5 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
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 NV
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
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 NV
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 Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
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 Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y