2015 -- H 5770

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- ELECTRONIC IMAGING DEVICES

     Introduced By: Representatives Lally, Diaz, Hull, and Shekarchi

     Date Introduced: February 26, 2015

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-64-1 of the General Laws in Chapter 11-64 entitled "Electronic

Imaging Devices" is hereby amended to read as follows:

     11-64-1. Definitions. -- (1) For the purposes of this section the following definitions

apply:

      (a) "Disseminate" means to make available by any means to any person.

      (b) "Imaging Device" means any electronic instrument capable of capturing, recording,

storing or transmitting visual images.

      (c) "Intimate areas" means the naked or undergarment clad genitals, pubic area, buttocks,

or any portion of the female breast below the top of the areola of a person which the person

intended to be protected from public view.

      (d) "Legal entity" means any partnership, firm, association, corporation or any agent or

servant thereof.

      (e) "Publish" means to:

      (i) Disseminate with the intent that such image or images be made available by any

means to any person or other legal entity;

      (ii) Disseminate with the intent such images be sold by another person or legal entity;

      (iii) Post, present, display, exhibit, circulate, advertise or allow access by any means, so

as to make an image or images available to the public; or

      (iv) Disseminate with the intent that an image or images be posted, presented, displayed,

exhibited, circulated, advertised or made accessible by any means, and to make such images

available to the public.

      (f) "Sell" means to disseminate to another person, or to publish, in exchange for

something of value.

     (g) "Sexually explicit conduct" means actual:

     (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or

oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is

exhibited;

     (ii) Bestiality;

     (iii) Masturbation; or

     (iv) Sadistic or masochistic abuse.

     SECTION 2. Chapter 11-64 of the General Laws entitled "Electronic Imaging Devices"

is hereby amended by adding thereto the following section:

     11-64-3. Unauthorized dissemination of indecent material. – (a) A person is guilty of

unauthorized dissemination of indecent material when:

     (1) The person captures, records, stores, or receives a visual image depicting another

person eighteen (18) years of age or older engaged in sexually explicit conduct or of the intimate

areas of that person;

     (2) The visual image is captured, recorded, stored, or received with or without that

person's knowledge or consent and under such circumstances where the person who captured,

recorded, stored, or received the visual image knew or should have known that the other person

would have a reasonable expectation of privacy; and

     (3) The person uses an imaging device to intentionally disseminate, publish, or sell such

visual image without the consent of the person or all persons depicted in the visual image.

     (b) A third-party recipient of any visual image described in subsection (a) of this section

shall not be charged under this section if they did not have actual knowledge that the visual image

was intentionally disseminated, published, or sold in violation of this subsection (a).

     (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 which the

person intended to be protected 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

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dollars ($3,000), or both.

     (e) Those in violation of this section shall not be subject to sex offender registration

requirements set forth in § 11-37.1-1 et seq., entitled "sexual offender registration and community

notification act."

     (f) Constitutionally protected activity is not subject to the provisions of this section.

     (g) The following activities are exempt from the provisions of this section:

     (1) The unauthorized dissemination of indecent material is made for the purposes of a

criminal investigation that is otherwise lawful.

     (2) The unauthorized dissemination of indecent material is for the purpose of, or in

connection with, the reporting of unlawful conduct.

     (3) The unauthorized dissemination of indecent material when the images involve

voluntary exposure in a public or commercial setting.

     (4) The unauthorized dissemination of indecent material when the dissemination serves a

lawful purpose.

     (h) 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.

     SECTION 3. 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 prohibits a person from electronically disseminating visual images of another

engaged in sexually explicit conduct or the intimate parts of another, without that person's

consent and where the person had a reasonable expectation of privacy. Constitutionally protected

activity is not subject to the provisions of this section. Those in violation would be guilty of a

felony and subject to not more than three (3) years imprisonment, a fine of not more than three

thousand dollars ($3,000), or both.

     This act would take effect upon passage.

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