Unlawful dissemination of an intimate image.

2016
STATE OF WYOMING
16LSO-0263
ENGROSSED
2.1

HOUSE BILL

NO.

HB0069

Unlawful dissemination of an intimate image.

Sponsored by:
Representative(s) Esquibel, K. and Senator(s) Esquibel, F.

A BILL

for

AN ACT relating to crimes and offenses; creating an offense for the nonconsensual dissemination of an intimate image; specifying elements of the offense; providing definitions; providing penalties; providing exemptions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
4
‑
305 is created to read:

6
‑
4
‑
305
.

Unlawful dissemination of
intimate images
;
definitions;
penalties
;
exemptions
from liabil
ity
.

(a)

As used in this
section
:

(i)

"
D
isseminate" means to sell, distribute, deliver, provide, exhibit or otherwise make available to
a third party
, but shall not include displaying an intimate image to a third party in private
;

(ii)

"Explicit sexual
conduct"
means
actual or simulated sexual intercourse, including genital
‑
genital, oral
‑
genital, anal
‑
genital or oral
‑
anal, between pers
ons of the same or opposite sex or masturbation
;

(iii)

"Intimate image" means a photograph, motion pi
cture film, videotape, digital image or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image
that
depicts
an individual's intimate parts or an individual engaged in explicit sexual
conduct
;

(iv)

"
Intimate parts" means the external genitalia, perineum, anus or pubes of any person or the breast of a female person
.

(b)

A
person
commits the crime of unlawful dissemination of
an
intimate image
if
:

(i)

He

knowingly
and with malice
or with reckless disregard

disseminate
s

an intimate image
of
another
person who is eighteen (18) years of age or older
;

(ii)

The intimate image was
captured

under circumstances
in which the depicted person
had a reasonable expectation of privacy;
and

(iii)

The
person

kn
o
w
s
or should have known
that the
person
depicted in the intimate image

did not consent to the dissemination of th
e intimate
image
and had a reasonable expectation that the
intimate
image would remain private
.

(c)

A first conviction under this section
is
a

misdemeanor punishable by imprisonment for not more than
one (1
)
year
, a fine of not more than
one thousand
dollars ($
1,00
0
.00)
,
or both
.

(d)

A
second or subsequent conviction under

this section
is a felony
punishable by imprisonment for not more than two (2) years
,
a fine of not more than two thousand five
hundred dollars ($2,500
.00
)
,
or both
.

(e)

Nothing contained in this section shall be construed to impose liability on a provider of an electronic communication service as defined in 18 U.S.C. § 2510(15), an information service as defined in 47 U.S.C. § 153(24), a mobile service as defined in 47 U.S.C. § 153(33), including a commercial mobile service as defined in 47 U.S.C. § 332(d)(1), a telecommunication service as defined in 47 U.S.C. § 153(53), an interactive computer service as defined in 47 U.S.C. § 230(f)(2)
,
a cable service as defined in
47 U.S.C. § 522(6) or any service or facility that enables the provision of services specified in this subsection
.

(f)

This section
shall
not apply to

the dissemination of
an
intimate image
that
:

(i)

The depicted person voluntarily allowed to be disseminated; or

(
i
i)

Is
r
elate
d
to
:

(
A
)

La
wful practi
ces of
a
law enforcement agenc
y
;

(B
)

P
rosecutorial agency functions
;

(C
)

T
he r
eporting
of

a
criminal offense;
or

(D
)

C
ourt or judicial proceeding
s
.

Section 2
.

This act is effective July 1, 2016
.

(END)

1
HB0069