First Regular Session H.B. 2561
COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO H.B. 2561
(Reference to House engrossed bill)
Page 1, line 8, strike "or threaten to disclose"
Line 10, after "image" strike remainder of line
Strike lines 11 through 14, insert "if all of the following apply:
1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
2. The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person's reasonable expectation of privacy for that image.
3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person, or the person making the disclosure knows or should have known that the depicted person has not consented to the disclosure of the image and disclosure of the image will cause harm to the depicted person."
Line 29, strike "5 felony, except that a"
Line 30, strike "violation of this section is a class" insert "5 felony, except that a violation of this section is a class"; strike "if the" insert "if the"
Line 31, after "recognizable" insert "image is disclosed by electronic means.
D. Notwithstanding subsection C of this section, A person who threatens to disclose but who does not disclose an image that if disclosed would be a violation of subsection A of this section is guilty of a class 1 misdemeanor."
Reletter to conform
Page 1, between lines 33 and 34, insert:
"2. "Disclosed by electronic means" means delivery to an e‑mail address, mobile device, tablet or other electronic device and includes disclosure on a website."
Renumber to conform
Between lines 36 and 37, insert:
"5. "Reasonable expectation of privacy" means the person exhibits an actual expectation of privacy and the expectation is reasonable."
Renumber to conform
Amend title to conform