Unlawful dissemination of an intimate image.

Plain English Breakdown

The candidate explanation accurately reflects the official source material provided.

Unlawful Dissemination of Intimate Images

This law makes it illegal for someone over 18 to share private photos or videos of another person without their permission and with the intent to harm, harass, threaten, coerce, or for sexual pleasure.

What This Bill Does

• Creates a new crime called 'unlawful dissemination of an intimate image' for people aged 18 or older who share private images of others without consent.
• Defines key terms like 'intimate parts', 'sexual acts', and 'social media'.
• Specifies that the person sharing the image knew it was meant to be kept private and intended to cause harm, harassment, threats, coercion, or sexual gratification.
• Makes this crime a misdemeanor punishable by up to one year in jail, a fine of up to $5,000, or both.
• Exempts internet service providers from liability for content posted by others.

Who It Names or Affects

• People aged 18 and older who share private images without consent.
• Victims whose private photos or videos are shared without their permission.
• Internet service providers and social media platforms.

Terms To Know

Intimate parts

Refers to the external genitalia, anus, breasts of a female person, or pubic area.

Sexual acts

Includes sexual intercourse and other intimate activities involving body parts or objects for sexual arousal or gratification.

Limits and Unknowns

• Does not apply to images shared privately with the person depicted.
• The law does not cover situations where consent was given, even if it is later withdrawn.
• It only applies to people aged 18 and older who share private images without permission.

Official Summary Text

Bill Summary - 21LSO-0266
Bill No.:

HB0085

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0266

Enrolled Act No.:

HEA No. 0053

Chapter No.:

85

Prime Sponsor:

Stith

Catch Title:

Unlawful dissemination of an intimate image.

Subject:

Creation of the crime of unlawful dissemination of an intimate image.

Summary/Major Elements:

The bill draft creates a crime for the nonconsensual dissemination of an intimate image.

The bill provides definitions for relevant terms including: "displaying sexual acts"; "disseminate"; "image"; "intimate image"; "intimate parts"; "sexual acts" and "social media".

The bill criminalizes the acts of a person eighteen (18) years of age or older who:
Disseminates an intimate image of another person;
Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and did not expressly give consent to the dissemination; and
Intended to humiliate, harm, harass,
threaten
or coerce another, or disseminated the image for sexual gratification or arousal of others.

The bill provides that unlawful dissemination of an intimate image is a misdemeanor, punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00) or both.

The bill provides that the newly created crime shall not be construed to impose criminal liability on the provider of an interactive computer service, an information service or a telecommunications service for content provided by another person.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

21LSO-0266

ORIGINAL House

ENGROSSED
Bill No
.
HB0085

ENROLLED ACT NO. 53,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to crimes and offenses; creating an offense for the nonconsensual dissemination of an intimate image; specifying elements and penalties of the offense; providing definitions; 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
‑
306 is created to read:

6
‑
4
‑
306.

Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability.

(a)

As used in this section:

(i)

"Displaying sexual acts" means displaying an image of sexual acts regardless of whether a person's intimate parts are visible in the image;

(ii)

"Disseminate" means to sell, distribute, deliver, provide, exhibit, post on social media or otherwise make available to a third party, but shall not include displaying an intimate image in private to the person depicted in the image;

(iii)

"Image" means a photograph, film, videotape, recording, digital file or any other recording, including a computer generated image that purports to represent an identifiable person;

(iv)

"Intimate image" means an image of a person's intimate parts or of a person engaging in sexual acts when the person depicted is identifiable from the image itself or from information displayed with or otherwise connected to the image;

(v)

"Intimate parts" means the external genitalia, perineum, anus or pubic area of any person or the breast of a female person;

(vi)

"Sexual acts" means sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse or any intrusion, however slight, by any object or any part of a person's body into the genital or anal opening of another person's body if the intrusion can reasonably be construed as being for the purpose of sexual arousal, gratification or abuse;

(vii)

"Social media" means any electronic medium, including an interactive computer service, telephone network or data network, that allows users to create, share, post or view user generated content, including but not limited to images, videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail or internet website profiles.

(b)

A person eighteen (18) years of age or older is guilty of the offense of disseminating an intimate image if the person:

(i)

Disseminated an intimate image of another person;

(ii)

Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and the depicted person did not expressly give consent for the image's dissemination; and

(iii)

Intended:

(A)

To humiliate, harm, harass, threaten or coerce another; or

(B)

For sexual gratification or arousal of others or of the person disseminating the intimate image.

(c)

Dissemination of an intimate image is a misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

(d)

Nothing in the section shall be construed to impose criminal liability on the provider of an interactive computer service as defined in 47 U.S.C. § 230, an information service as defined in 47 U.S.C. § 153 or a telecommunications service as defined in 47 U.S.C. § 153, for content provided by another person.

Section 2
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1