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REFERENCE TITLE: unlawful distribution of private images |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2561 |
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Introduced by Representative Mesnard
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AN ACT
amending section 13‑1425, Arizona Revised Statutes; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1425, Arizona Revised Statutes, is amended to read:
13-1425. Unlawful distribution of images; state of nudity; classification; definitions
A. It is unlawful for a person to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person who is identifiable from the image itself or from information displayed in connection with the image and who is in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure.
B. This section does not apply to any of the following:
1. Disclosures made in the public interest, including:
(a) The reporting of unlawful conduct.
(b) Lawful and common practices of law enforcement, criminal reporting, unlawful activity, or when permitted or required by law or rule in legal proceedings or medical treatment.
2. Lawful and common practices of medical treatment.
3. 2. Images involving voluntary exposure in a public or commercial setting.
4. 3. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or an information service, as defined in 47 United States Code section 153, with regard to content wholly provided by another person party.
C. A violation of this section is a class 5 felony, except that a violation of this section is a class 4 felony if the depicted person is recognizable.
D. For the purposes of this section: , "state of nudity" and
1. "Specific sexual activities" have has the same meanings meaning prescribed in section 11‑811, subsection D, paragraph 18, subdivisions (a), (b) and (d).
2. "State of nudity" has the same meaning prescribed in section 11‑811, subsection D, paragraph 14, subdivision (a).