State of Arizona
House of Representatives
First Regular Session
HOUSE BILL 2561
amending section 13‑1425, Arizona Revised Statutes; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1425, Arizona Revised Statutes, is amended to read:
13-1425. Unlawful distribution of images; state of nudity; classification; definitions
A. It is unlawful for a person to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording an image of another person who is identifiable from the image itself or from information displayed in connection with the image in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure. If all of the following apply:
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. 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.
3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.
B. This section does not apply to any of the following:
1. The reporting of unlawful conduct.
1. 2. Lawful and common practices of law enforcement, criminal reporting, unlawful activity, or when permitted or required by law or rule in legal proceedings or medical treatment.
2. Lawful and common practices of medical treatment.
3. Images involving voluntary exposure in a public or commercial setting.
4. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or an information service, as defined in 47 United States Code section 153, with regard to content wholly provided by another person party.
5. Any disclosure that is made with the consent of the person who is depicted in the image.
C. A violation of this section is a class 5 felony, except that a violation of this section is a class 4 felony if the depicted person is recognizable image is disclosed by electronic means.
D. Notwithstanding subsection C of this section, A person who threatens to disclose but who does not disclose an image that if disclosed would be a violation of subsection A of this section is guilty of a class 1 misdemeanor.
D. E. For the purposes of this section: , "state of nudity" and
1. "Disclose" means display, distribute, publish, advertise or offer.
2. "Disclosed by electronic means" means delivery to an e‑mail address, mobile device, tablet or other electronic device and includes disclosure on a website.
3. "Harm" means physical injury, financial injury or serious emotional distress.
4. "Image" means a photograph, videotape, film or digital recording.
5. "Reasonable expectation of privacy" means the person exhibits an actual expectation of privacy and the expectation is reasonable.
6. "Specific sexual activities" have has the same meanings meaning prescribed in section 11‑811, subsection D, paragraph 18, subdivisions (a) and (b).
7. "State of nudity" has the same meaning prescribed in section 11‑811, subsection D, paragraph 14, subdivision (a).
Sec. 2. Applicability
A prosecution that is commenced before the effective date of this act and that charges a violation of section 13‑1425, Arizona Revised Statutes, as added by Laws 2014, chapter 268, section 1, may only proceed if the alleged conduct constitutes prohibited conduct under section 13‑1425, Arizona Revised Statutes, as amended by this act.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.