2018-03-01: Introduced, referred to Senate Judiciary
2018-03-23: Scheduled for hearing and/or consideration (03/27/2018)
2018-03-27: Committee recommends passage of Sub A
2018-04-04: Placed on Senate Calendar (04/10/2018)
2018-04-10: Senate passed Sub A
2018-04-11: Referred to House Judiciary
2018-05-18: Scheduled for consideration (05/22/2018)
2018-05-18: Scheduled for consideration (05/23/2018)
2018-05-23: Committee recommends passage of Sub A in concurrence
2018-05-25: Placed on House Calendar
2018-05-25: Placed on House Calendar (05/30/2018)
2018-05-30: House passed Sub A in concurrence
2018-05-30: Transmitted to Governor
2018-06-04: Signed by Governor
Changes since original draft
2018 – S 2581
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
Introduced By: Senators Lynch Prata, Goodwin, McCaffrey, Gallo, and Conley
Date Introduced: March 01, 2018
Referred To: Senate Judiciary
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:
(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 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:
(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;
(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.
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 shalltake effect upon passage. ======== LC004936 ========
BY THE LEGISLATIVE COUNCIL
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 ========
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