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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
unlawful disclosure; images; definitions
Purpose
Corrects defective references relating to the definitions of specific sexual activities and state of nudity.
Background
It is unlawful to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if: 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; and 3) the image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person. 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. Unlawful distribution of images is classified as a class 5 felony unless the image is disclosed by electronic means, which is classified as a class 4 felony, or a person threatens to disclose but does not disclose an image that if disclosed would be a violation, which is classified as a class 1 misdemeanor. Specific sexual activities means human genitals in a state of sexual stimulation or arousal or sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy. State of nudity means the appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola (A.R.S. §§ 11-811 and 13-1425).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Corrects defective references relating to the definitions of specific sexual activities and state of nudity.
2. Makes a technical change.
3. Becomes effective on the general effective date.
House Action
JUD 1/26/22 DP 9-0-0-1
3rd Read 2/3/22 59-0-1
Prepared by Senate Research
March 1, 2022
ZD/HW/sr