| Chapter 430 |
| 2025 -- H 5046 Enacted 07/02/2025 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- ELECTRONIC IMAGING DEVICES |
Introduced By: Representatives Knight, Speakman, Kislak, Caldwell, Noret, Cortvriend, Kazarian, Casimiro, Alzate, and Corvese |
| Date Introduced: January 15, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 11-64-3 of the General Laws in Chapter 11-64 entitled "Electronic |
| Imaging Devices" is hereby amended to read as follows: |
| 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 including any image |
| created by a digital device or altered by digitization; |
| (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 or |
| created without the consent of the person; |
| (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) 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 that 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) 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) 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 2. This act shall take effect upon passage. |
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| LC000053 |
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