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HB 1558 - This act creates the offenses of "nonconsensual dissemination of private sexual images" and "threatening the nonconsensual dissemination of private sexual images." A person commits the offense of nonconsensual dissemination of private sexual images when he or she intentionally disseminates an image of another person who is at least 18, identifiable from the image or information displayed in connection with the image, and is engaged in sexual activity or whose intimate parts are exposed, in whole or in part; obtains the image under circumstances a reasonable person would know or understand that the image was to remain private; and, knows or should have known that the person in the image did not consent to the dissemination. Nonconsensual dissemination of private sexual images is a Class D felony. A person commits the offense of threatening the nonconsensual dissemination of private sexual images when 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 if disseminated would constitute nonconsensual dissemination of private sexual images. Treatening the nonconsensual dissemination of private sexual images is a Class E felony. A dissemination may be exempt from the provisions of this section if it is made for the purpose of a criminal investigation that is otherwise lawful, the reporting of unlawful conduct, the images involve voluntary exposure in public or a commercial setting, or if the dissemination serves a lawful public purpose. This act does not place any liability on telecommunications mediums used to distribute images that are covered under this section. A person convicted under this section is subject to certain forfeiture provisions. In addition to criminal penalties, an offender under this act shall be subject to a private cause of action from the depicted person which, if successful, shall result in an award of $10,000 or actual damages, whichever is greater, and attorney's fees. Humiliation or embarrassment shall be adequate to show damages and no physical manifestation of either is necessary. This act is similar to SB 1014 (2018). MIKE WEAVER
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