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SECOND REGULAR SESSION
SENATE BILL NO. 1748
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
5119S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 573, RSMo, by adding thereto one new section relating to the offense of
disclosure of an intimate digital depiction, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 573, RSMo, is amended by adding thereto 1
one new section, to be known as section 573.570, to read as 2
follows:3
573.570. 1. As used in this section, the following 1
terms mean: 2
(1) "Depicted individual", an individual who, as a 3
result of digitization or by means of digital manipulation, 4
appears in whole or in part in an intimate digital depiction 5
and who is identifiable by virtue of the individual's face, 6
likeness, or other distinguishing characteristic, such as a 7
unique birthmark or other recognizable feature, or from 8
information displayed in connection with the digital 9
depiction; 10
(2) "Digital depiction", a realistic visual depiction 11
of an individual that has been created or altered using 12
digital manipulation; 13
(3) "Information content providers", any person or 14
entity that is responsible, in whole or in part, for the 15
creation or development of information provided through the 16
internet or any other interactive computer service; 17
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(4) "Intimate digital depiction", a digital depiction 18
of an individual that has been created or altered using 19
digital manipulation and that depicts: 20
(a) The uncovered genitals, pubic area, anus, or 21
postpubescent female nipple of an identifiable individual; 22
(b) The display or transfer of bodily sexual fluids: 23
a. Onto any part of the body of an identifiable 24
individual; or 25
b. From the body of an identifiable individual; or 26
(c) An identifiable individual engaging in sexually 27
explicit conduct; 28
(5) "Sexually explicit conduct", actual or simulated: 29
(a) Sexual intercourse, including genital-genital, 30
oral-genital, anal-genital, or oral-anal, whether between 31
persons of the same or opposite sex; 32
(b) Bestiality; 33
(c) Masturbation; 34
(d) Sadistic or masochistic abuse; or 35
(e) Lascivious exhibition of the genitals or pubic 36
area of any person. 37
2. A person commits the offense of disclosure of an 38
intimate digital depiction if the person: 39
(1) Discloses an intimate digital depiction: 40
(a) With the intent to harass, annoy, threaten, alarm, 41
or cause substantial harm to the finances or reputation of 42
the depicted individual; or 43
(b) With the actual knowledge that, or reckless 44
disregard for whether, such disclosure will cause physical, 45
emotional, reputational, or economic harm to the depicted 46
individual; or 47
(2) Threatens to disclose an intimate digital 48
depiction: 49
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(a) With the intent to harass, annoy, threaten, alarm, 50
or cause substantial harm to the finances or reputation of 51
the depicted individual; or 52
(b) With the actual knowledge that, or reckless 53
disregard for whether, such threatened disclosure will cause 54
physical, emotional, reputational, or economic harm to the 55
depicted individual. 56
3. (1) A violation of subdivision (1) of subsection 2 57
of this section shall be a class D felony. 58
(2) A violation of subdivision (2) of subsection 2 of 59
this section shall be a class E felony. 60
(3) A violation of subdivision (1) of subsection 2 of 61
this section shall be a class C felony if: 62
(a) The violation is a second or other subsequent 63
violation of subdivision (1) of subsection 2 of this 64
section; or 65
(b) The violation is such that the digital depiction 66
could be reasonably expected to: 67
a. Affect the conduct of any administrative, 68
legislative, or judicial proceeding of a federal, state, 69
local, or tribal government agency, including the 70
administration of an election or the conduct of foreign 71
relations; or 72
b. Facilitate violence. 73
(4) A violation of subdivision (2) of subsection 2 of 74
this section shall be a class D felony if: 75
(a) The violation is a second or other subsequent 76
violation of subdivision (2) of subsection 2 of this 77
section; or 78
(b) The violation is such that the digital depiction 79
could be reasonably expected to affect the conduct of any 80
administrative, legislative, or judicial proceeding of a 81
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federal, state, local, or tribal government agency, 82
including the administration of an election or the conduct 83
of foreign relations. 84
4. It shall not be a defense to an offense of 85
disclosure of an intimate digital depiction under this 86
section that there is a disclaimer stating that the intimate 87
digital depiction of the depicted individual was 88
unauthorized or that the depicted individual did not 89
participate in the creation or development of the digital 90
depiction. 91
5. For the purposes of this section, a provider of an 92
interactive computer service shall not be held to have 93
committed the offense of disclosure of an intimate digital 94
depiction due to: 95
(1) Any action voluntarily taken in good faith to 96
restrict access to or availability of intimate digital 97
depictions; or 98
(2) Any action taken to enable or make available to 99
information content providers or other persons the technical 100
means to restrict access to intimate digital depictions. 101
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