Revenge porn law: “Distribution of Intimate Images” (signed by Governor 3/29/2014)
(2) An actor commits the offense of distribution of intimate images if the actor, with the intent to cause emotional distress or harm, knowingly or intentionally distributes to any third party any intimate image of an individual who is 18 years of age or older, if:
(a) the actor knows that the depicted individual has not given consent to the actor to distribute the intimate image;
(b) the intimate image was created by or provided to the actor under circumstances in which the individual has a reasonable expectation of privacy; and
(c) actual emotional distress or harm is caused to the person as a result of the distribution under this section.
76-10-1204. Distributing pornographic material — Penalties — Exemptions for Internet service providers and hosting companies.
(1) A person is guilty of distributing pornographic material when the person knowingly:
(a) sends or brings any pornographic material into the state with intent to distribute or exhibit it to others;
(b) prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others;
(c) distributes or offers to distribute, or exhibits or offers to exhibit, any pornographic material to others;
(d) writes, creates, or solicits the publication or advertising of pornographic material;
(e) promotes the distribution or exhibition of material the person represents to be pornographic; or
(f) presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion of the performance which makes it pornographic.
(2) Each distributing of pornographic material as defined in Subsection (1) is a separate offense.
(3) It is a separate offense under this section for:
(a) each day’s exhibition of any pornographic motion picture film; and
(b) each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.
(a) An offense under this section committed by a person 18 years old or older is a third degree felony punishable by:
(i) a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b) An offense under this section committed by a person 16 or 17 years old is a class A misdemeanor.
(c) An offense under this section committed by a person younger than 16 years old is a class B misdemeanor.
(d) Subsection (4)(a) supersedes Section 77-18-105.
(5) A person 18 years old or older who knowingly solicits, requests, commands, encourages, or intentionally aids another person younger than 18 years old to engage in conduct prohibited under Subsection (1), (2), or (3) is guilty of a third degree felony and is subject to the penalties under Subsection (4)(a).
76-5b-203. Distribution of an intimate image — Penalty.
(a) As used in this section:
(i) “Distribute” means selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration.
(ii) “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts:
(A) exposed human male or female genitals or pubic area, with less than an opaque covering;
(B) a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
(C) the individual engaged in any sexually explicit conduct.
(iii) “Sexually explicit conduct” means actual or simulated:
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(D) sadistic or masochistic activities;
(E) exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
(F) visual depiction of nudity or partial nudity;
(G) fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(H) explicit representation of the defecation or urination functions.
(iv) “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
(v) “Single criminal episode” means the same as that term is defined in Section 76-1-401.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(a) An actor commits the offense of distribution of an intimate image if:
(i) the actor knowingly or intentionally distributes to a third party, or knowingly duplicates or copies an intimate image of an individual who is 18 years old or older and knows or should know that the distribution, duplication or copying would cause a reasonable person to suffer emotional distress or harm;
(ii) the actor has not received consent from the individual depicted in the image to distribute the intimate image;
(iii) the intimate image was created by or provided to the actor under circumstances in which the individual depicted in the image has a reasonable expectation of privacy; and
(iv) except as provided in Subsection (2)(b), actual emotional distress or harm is caused to the individual depicted in the image as a result of the distribution.
(b) Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a) if:
(i) the individual depicted in the intimate image was the victim of a crime;
(ii) the intimate image was provided to law enforcement as part of an investigation or prosecution of a crime committed against the victim;
(iii) the intimate image was distributed without a legitimate law enforcement or investigative purpose by an individual who had access to the intimate image due to the individual’s association with the investigation or prosecution described in Subsection (2)(b)(ii); and
(iv) the victim is incapacitated or deceased.
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony on a second or subsequent conviction for an offense under this section that does not arise from a single criminal episode.
(4) This section does not apply to:
(a) except as provided in Section 76-5b-203.5:
(i) lawful practices of law enforcement agencies;
(ii) prosecutorial agency functions;
(iii) the reporting of a criminal offense;
(iv) court proceedings or any other judicial proceeding; or
(v) lawful and generally accepted medical practices and procedures;
(b) an intimate image if the individual portrayed in the image voluntarily allows public exposure of the image;
(c) an intimate image that is portrayed in a lawful commercial setting; or
(d) an intimate image that is related to a matter of public concern or interest.
(a) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i) the distribution of an intimate image by the Internet service provider occurs only incidentally through the provider’s function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the provider does not intentionally aid or abet in the distribution of the intimate image; and
(iii) the provider does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the intimate image.
(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
(i) the distribution of an intimate image by the hosting company occurs only incidentally through the hosting company’s function of providing data storage space or data caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and
(iii) the hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
(c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.