2024 -- S 2224 | |
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LC003754 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- ELECTRONIC IMAGING DEVICES | |
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Introduced By: Senators DiPalma, Euer, F. Lombardi, Bissaillon, Burke, McKenney, | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-64-1 and 11-64-3 of the General Laws in Chapter 11-64 entitled |
2 | "Electronic Imaging Devices" are hereby amended to read as follows: |
3 | 11-64-1. Definitions. |
4 | For the purposes of this chapter the following definitions apply: |
5 | (1) “Disseminate” means to make available by any means to any person. |
6 | (2) “Harm” means bodily injury, emotional distress, financial loss, or reputational injury. |
7 | (3) “Identifiable” means identifiable by any person from the visual image or information |
8 | offered in connection with the visual material. |
9 | (4) “Imaging device” means any electronic instrument capable of capturing, recording, |
10 | storing, or transmitting visual images. |
11 | (5) “Intimate areas” means the naked or undergarment clad genitals, pubic area, buttocks, |
12 | or any portion of the female breast below the top of the areola of a person that the person intended |
13 | to be protected from public view. |
14 | (6) “Legal entity” means any partnership, firm, association, corporation, or any agent or |
15 | servant thereof. |
16 | (7) "Minor" means any person not having reached eighteen (18) years of age. |
17 | (7)(8) “Publish” means to: |
18 | (i) Disseminate with the intent that the image or images be made available by any means |
19 | to any person or other legal entity; |
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1 | (ii) Disseminate with the intent the images be sold by another person or legal entity; |
2 | (iii) Post, present, display, exhibit, circulate, advertise, or allow access by any means, so |
3 | as to make an image or images available to the public; or |
4 | (iv) Disseminate with the intent that an image or images be posted, presented, displayed, |
5 | exhibited, circulated, advertised, or made accessible by any means, and to make the images |
6 | available to the public. |
7 | (8)(9) “Sell” means to disseminate to another person, or to publish, in exchange for |
8 | something of value. |
9 | (10) "Serious bodily injury" means physical injury that creates a substantial risk of death |
10 | or causes serious permanent disfigurement or protracted loss or impairment of the function of any |
11 | bodily member or organ. |
12 | (9)(11) “Sexually explicit conduct” means actual: |
13 | (i) Graphic sexual intercourse, including: genital-genital, oral-genital, anal-genital, or oral- |
14 | anal, or lascivious sex where the genitals or pubic area of any person is exhibited; |
15 | (ii) Bestiality; |
16 | (iii) Masturbation; or |
17 | (iv) Sadistic or masochistic abuse. |
18 | (10)(12) “Visual image” means any photograph, film, video, or digital image or recording, |
19 | whether produced by electronic, mechanical, or other means. |
20 | 11-64-3. Unauthorized dissemination of indecent material. |
21 | (a) A person is guilty of unauthorized dissemination of a sexually explicit visual image of |
22 | another person when the person intentionally, by any means, disseminates, publishes, or sells: |
23 | (1) A visual image that depicts another identifiable person eighteen (18) years or older |
24 | engaged in sexually explicit conduct or of the intimate areas of that person; |
25 | (2) The visual image was made, captured, recorded, or obtained under circumstances in |
26 | which a reasonable person would know or understand that the image was to remain private; |
27 | (3) The visual image was disseminated, published, or sold without the consent of the |
28 | depicted person; and |
29 | (4) With knowledge or with reckless disregard for the likelihood that the depicted person |
30 | will suffer harm, or with the intent to harass, intimidate, threaten, or coerce the depicted person. |
31 | (b) Subsection (a) shall not apply to: |
32 | (1) A visual image that involves voluntary exposure of intimate areas or of sexually explicit |
33 | conduct in a public or commercial setting, or in a place where a person does not have a reasonable |
34 | expectation of privacy; |
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1 | (2) Dissemination made in the public interest, scientific activities, or educational activities; |
2 | (3) Dissemination made in the course of a lawful public proceeding; |
3 | (4) Dissemination made for purposes of law enforcement, criminal reporting, corrections, |
4 | legal proceedings, the reporting of unlawful conduct, or for medical treatment; or |
5 | (5) Dissemination of an image that constitutes a matter of public concern, such as a matter |
6 | related to a newsworthy event or related to a public figure. |
7 | (c) For the purposes of this section, “intimate areas” means the naked genitals, pubic area, |
8 | buttocks, or any portion of the female breast below the top of the areola of a person that the person |
9 | intended to protect from public view. |
10 | (d) A first violation of this section shall be a misdemeanor and, upon conviction, subject to |
11 | imprisonment of not more than one year, a fine of not more than one thousand dollars ($1,000), or |
12 | both. A second or subsequent violation of this section shall be a felony and, upon conviction, |
13 | subject to imprisonment for not more than three (3) years, a fine of not more than three thousand |
14 | dollars ($3,000), or both. |
15 | (e) Any person who intentionally threatens to disclose any visual image described in |
16 | subsection (a) and makes the threat to obtain a benefit in return for not making the disclosure or in |
17 | connection with the threatened disclosure, shall be guilty of a felony and, upon conviction, be |
18 | subject to imprisonment for up to five (5) years, a fine of up to five thousand dollars ($5,000), or |
19 | both. |
20 | (f) Any person who demands payment of money, property, services, or anything else of |
21 | value from a person in exchange for removing any visual image described in subsection (a) from |
22 | public view shall be guilty of a felony and, upon conviction, be subject to imprisonment for up to |
23 | five (5) years, a fine of up to five thousand dollars ($5,000), or both. |
24 | (g) Any person who has committed an act in violation of subsections (e) and (f) of this |
25 | section shall be subjected to penalties in addition to those found in subsections (e) and (f) of this |
26 | section if any of the following circumstances are proven to be true: |
27 | (1) The victim is a minor, as defined in § 11-64-1; |
28 | (2) The person holds a position of authority over the victim, as defined in § 11-37-6; or |
29 | (3) The person caused serious bodily injury or death to the victim during or as a result of |
30 | the offense. |
31 | Upon conviction under subsections (g)(l) or (g)(2) of this section, a person shall be subject |
32 | to imprisonment up to an additional year, a fine of up to one thousand dollars ($1,000), or both. |
33 | Upon conviction under subsection (g)(3) of this section, a person shall be subject to imprisonment |
34 | up to an additional five (5) years and fined up to five thousand dollars ($5,000). |
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1 | (g)(h) Those in violation of this section shall not be subject to sex offender registration |
2 | requirements as set forth in chapter 37.1 of title 11 entitled “Sexual Offender Registration and |
3 | Community Notification Act.” |
4 | (h)(i) A violation of this section is committed within this state if any conduct that is an |
5 | element of the offense, or any harm to the depicted person resulting from the offense, occurs in this |
6 | state. |
7 | (i)(j) Nothing in this section shall be construed to impose liability on an interactive |
8 | computer service, as defined in 47 U.S.C. § 230(f)(2), an information service, as defined in 47 |
9 | U.S.C. § 153, or a telecommunications service, as defined in § 44-18-7.1, for content provided by |
10 | another person. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC003754 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- ELECTRONIC IMAGING DEVICES | |
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1 | This act would provide for enhanced penalties of up to six (6) years imprisonment if a |
2 | victim of unauthorized dissemination of indecent material is a minor or the offender is in a position |
3 | of authority over the victim and up to ten (10) years imprisonment if the offense results in serious |
4 | bodily injury or death of the victim. |
5 | This act would take effect upon passage. |
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LC003754 | |
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