ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DP 8-0-0-0 | 3^rd Read: 28-0-2-0

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SB 1624: unauthorized disclosure; intimate images; remedies

Sponsor: Senator Mesnard, LD 17

Committee on Judiciary

Overview

Establishes the civil liability of a person who discloses or threatens to disclose the intimate images of another person. 

History

A 2016 law criminalized the intentional disclosure of an image of another person if all the following apply:

1) The depicted person is in a state of nudity or engaged in specific sexual activities;

2) The depicted person has a reasonable expectation of privacy; and

3) The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce (Laws 2016, Chapter 6).

Unlawful disclosure of images depicting states of nudity or specific sexual activities is a class 5 felony unless the image is disclosed electronically in which case the offense constitutes a class 4 felony.  The threat to disclose an image depicting states of nudity or specific sexual activities is a class 1 misdemeanor (A.R.S. § 13-1425).

Provisions

1. Establishes a person's civil liability following the intentional disclosure or threat to disclose an intimate image of another individual, if that individual suffers harm as a result and knew or should have known:

a) The depicted person did not consent to the disclosure;

b) The image was private; and

c) The person is identifiable from the image or from the information displayed with the image. (Sec. 1)

2. Specifies that a person's consent to the creation of the image or previous consent to the disclosure of the image does not by itself establish the depicted person's consent. (Sec. 1)

3. States a person retains a reasonable expectation of privacy even if the image was created when the depicted individual was in a public place. (Sec. 1)

4. A person is not liable for disclosing or threatening to disclose an intimate image if:  

a) It was made in good faith by law enforcement, during a legal proceeding or for medical education or treatment;

b) It was made in good faith in reporting or investigating unlawful conduct or unsolicited or unwelcome conduct;

c) Related to a matter of public interest;

d) Reasonably intended to assist the depicted individual; or

e) Made by a parent or legal guardian, except in cases where the intent was the harm the individual. (Sec. 1)

5. Clarifies that a person's exemption from liability based on the criteria above is void if the disclosure was prohibited by law or made for the purpose of sexual arousal, sexual gratification, humiliation, degradation or monetary or commercial gain. (Sec. 1)

6. Clarifies that an individual's status as a public figure does not alone indicate that the disclosure or threat to disclose an intimate image is a matter of public concern or public interest. (Sec. 1)

7. Allows the court to exclude or redact the plaintiff's identifying characteristics from all pleadings and documents filed in the action, if the plaintiff serves the defendant with a confidential information form that includes the plaintiff's name and other identifying characteristics. (Sec. 1)

8. Prescribes presumptive damages a prevailing plaintiff may recover to include:

a) Economic and non-economic damages;

b) Statutory damages of not more than $10,000;

c) An amount equal to any monetary gain made by the defendant from disclosing the images;

d) Punitive damages;

e) Reasonable attorney fees; and

f) Additional relief, including injunctive relief. (Sec. 1)

9. Establishes a statute of limitations of four years after the date the disclosure was discovered or should have been discovered and four years after the date of the threat to disclose, after which a civil action may not be brought. (Sec. 1)

10. Specifies that if the disclosure or threat to disclose was made at the time the depicted person was a minor, the statute of limitations does not begin until the depicted individual attains the age of majority. (Sec. 1)

11. Defines consent, depicted individual, disclose, harm, intimate image, private, specific sexual activities and state of nudity. (Sec. 1)

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15.                   SB 1624

16. Initials LC/JH        Page 0 Judiciary

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