2025 -- S 0136

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LC000298

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- ELECTRONIC IMAGING DEVICES

     Introduced By: Senators E Morgan, de la Cruz, Paolino, Rogers, LaMountain, Ujifusa,
Euer, Sosnowski, Bissaillon, and Gu

     Date Introduced: January 31, 2025

     Referred To: Senate Judiciary

     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.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would criminalize the unauthorized dissemination of sexually explicit images of

another person that are created by digital devices or created without the consent of the person

depicted.

     This act would take effect upon passage.

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