Criminal Offenses

Electronic Imaging Devices

SECTION 11-64-1

§ 11-64-1. Definitions.

For the purposes of this chapter the following definitions apply:

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

(2) "Harm" means bodily injury, emotional distress, financial loss, or reputational injury.

(3) "Identifiable" means identifiable by any person from the visual image or information offered in connection with the visual material.

(4) "Imaging device" means any electronic instrument capable of capturing, recording, storing, or transmitting visual images.

(5) "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 that the person intended to be protected from public view.

(6) "Legal entity" means any partnership, firm, association, corporation, or any agent or servant thereof.

(7) "Publish" means to:

(i) Disseminate with the intent that the image or images be made available by any means to any person or other legal entity;

(ii) Disseminate with the intent the 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 the images available to the public.

(8) "Sell" means to disseminate to another person, or to publish, in exchange for something of value.

(9) "Sexually explicit conduct" means actual:

(i) Graphic sexual intercourse, including: genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sex where the genitals or pubic area of any person is exhibited;

(ii) Bestiality;

(iii) Masturbation; or

(iv) Sadistic or masochistic abuse.

(10) "Visual image" means any photograph, film, video, or digital image or recording, whether produced by electronic, mechanical, or other means.

History of Section.
(P.L. 2004, ch. 202, § 2; P.L. 2004, ch. 206, § 2; P.L. 2018, ch. 27, § 1; P.L. 2018, ch. 28, § 1.)