Click each state below to see the bills that Media Coalition tracked during the 2016 legislative session.

 

Total: 120 bills


Alabama
Bill No. Alabama HB 167
Sponsor Rep. Mike Hill (REP-AL)
Title Massage Therapy, Board of, massage therapists further regulated, penalties increased, Secs. 34-43-3, 34-43-5, 34-43-6, 34-43-7, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-17, 34-43-20, 34-43-21 am’d; Sec. 34-43-10 repealed
Status  Passed by the House. Died in the Senate Committee on Governmental Affairs.
Summary H.B. 167 would change the definition of adult business from adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has any business offering for sale, rent, or exhibit, or the exhibit of, any items or services intended to provide sexual stimulation or sexual gratification to the customer.

Present law requires that such offerings must be its primary business.

Read the legal memo we filed on H.B. 167 »

Bill No. Alabama HB 252
Sponsor Rep. Phil Pettus (REP-AL)
Title Harassment, by distributing a private image, defined, penalties, Sec. 13A-11-8 am’d.
Status  Died in the House Committee on Judiciary.
Summary H.B. 252 creates the crime of harassment by private image. It makes it a crime to disseminate a “private image” with an intent to degrade, harass, annoy, or alarm the person depicted without the consent of the person depicted.

A “private image” is defined as a picture containing nudity, sexual activity or act of sexual excitement.

The person does not need to be recognizable in the image.

There’s no exception for newsworthy images.

Bill No. Alabama SB 222
Sponsor Sen. Rodger Smitherman (DEM-AL)
Title Massage Therapy, Board of, massage therapists further regulated, penalties increased, Secs. 34-43-3, 34-43-5, 34-43-6, 34-43-7, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-17, 34-43-20, 34-43-21 am’d; Sec. 34-43-10 repealed
Status  Died in the Senate Committee on Fiscal Responsibility and Economic Development.
Summary S.B. 222 would change the definition of adult business from adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has any business offering for sale, rent, or exhibit, or the exhibit of, any items or services intended to provide sexual stimulation or sexual gratification to the customer.

Present law requires that such offerings must be its primary business.

It is a companion to H.B. 167

Read the legal memo we filed on S.B. 222 »

Bill No. Alabama SB 342
Sponsor Sen. Vivian Figures (DEM-AL)
Title Harassment, by distributing a private image, defined, penalties, Sec. 13A-11-8 am’d.
Status Passed by the Senate. Died in the House Committee on Judiciary.
Summary S.B. 342 bars the distribution of a private image, if with intent to harass another person, he or she distributes, posts, emails, texts, or otherwise transmits a private image without the consent of the person depicted in the image.
Arizona
Bill No. Arizona HB 2001
Sponsor Rep. J.D. Mesnard (REP-AZ)
Title unlawful distribution of private images
Status Signed by Gov. Doug Ducey on March 11, 2016.
Summary This legislation is offered to replace the non-consensual images law struck down in Antigone Books v. Brnovich. It includes elements that satisfy the concerns raised by the plaintiffs in that litigation.
Bill No. Arizona HB 2458
Sponsor Rep. Kate Brophy McGee (REP-AZ)
Title child protection registry; prohibited communications
Status Died in the House.
Summary H.B. 2458 requires a state to create a “do not contact” list for minors. Parents or guardians could then register a contact point if it belongs to a minor, a minor has access to it or it is in a house where a minor resides.

It then bars anyone from electronically communicating with the contact point to advertise a product that is illegal for a minor to buy (booze, butts and who knows what else) or for material harmful to minors.

Anyone wishing to advertise for those products must have their contact list scrubbed to remove any contact points on the do not contact list. The list must be scrubbed monthly.

There is an elaborate system to allow someone to send to a blocked address if an adult uses and verifies his or her age.

Anyone who violates the law is subject to a civil action by the parent or guardian of the minor. A court may award actual damages or $1,000, whichever is greater plus legal fees.

Bill No. Arizona SB 1054
Sponsor Sen. John Kavanagh (REP-AZ)
Title law enforcement activity; recording prohibition
Status Died in the Senate Committee on Public Safety, Military and Technology.
Summary S.B. 1054 bars capturing visual images of law enforcement activity without the permission of a law enforcement officer if the person capturing the images is within 20 feet of the law enforcement officer.

There is an exception for some filming within 20 feet if on private property, unless the law enforcement officer denies permission to do so.

A violation is subject to a $300 fine.

The bill adds that it should not be construed as a general right to film law enforcement activity outside of the 20-foot radius.

Arkansas
Bill No. Arkansas HB 1002 (3rd Special Session)
Sponsor Rep. Greg Leding (DEM-AR)
Title THE FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016.
Status Signed by Gov. Asa Hutchinson on May 24, 2016.
Summary H.B. 1002 creates a statutory right of publicity for the life of a person plus 50 years. It includes an exception for non-commercial uses:

  • (a)(1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used:
    1. In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign;
    2. In:
      1. Any play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work;
      2. A work of political, public interest, or newsworthy value including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or
      3. An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B);
    3. In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named;
    4. By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if:
      1. The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and
      2. The individual is or was affiliated with the institution, including without limitation as a:
        1. Student or member of the faculty or staff;
        2. Donor or campus visitor; or
        3. Contractor, subcontractor, or employee;
    5. By any person practicing the profession of photography or his or her representative:
      1. To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative;
      2. To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and
      3. To provide yearbooks to an educational institution or photographs for school publications; or
    6. By a service provider of a system or network, if the service provider:
      1. Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or
      2. In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent.
Bill No. Arkansas SB 9 (3rd Special Session)
Sponsor Sen. Jon Woods (REP-AR)
Title THE FRANK BROYLES PUBLICITY RIGHTS PROTECTION ACT OF 2016.
Status Signed by Gov. Asa Hutchinson on May 24, 2016.
Summary S.B. 9 creates a statutory right of publicity for the life of a person plus 50 years. It includes an exception for non-commercial uses:

  • (a)(1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used:
    1. In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign;
    2. In:
      1. Any play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work;
      2. A work of political, public interest, or newsworthy value including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or
      3. An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B);
    3. In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named;
    4. By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if:
      1. The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and
      2. The individual is or was affiliated with the institution, including without limitation as a:
        1. Student or member of the faculty or staff;
        2. Donor or campus visitor; or
        3. Contractor, subcontractor, or employee;
    5. By any person practicing the profession of photography or his or her representative:
      1. To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative;
      2. To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and
      3. To provide yearbooks to an educational institution or photographs for school publications; or
    6. By a service provider of a system or network, if the service provider:
      1. Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or
      2. In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent.
California
Bill No. California AB 538
Sponsor Asw. Nora Campos (DEM-CA)
Title Actions for damages: felony offenses: victim notification.
Status Signed by Gov. Jerry Brown on October 3, 2015.
Summary A.B. 538 requires any person, organization, or company that enters into a contract to pay a person, who has been convicted of a crime and who is required to pay restitution for the rights to his or her story, information relating to the crime for use by the company in an “entertainment product,” or consulting fees for the production of an “entertainment product,” shall notify The California Victim Compensation and Government Claims Board.

Read the legal memo we filed on A.B. 538 »

Bill No. California AB 540
Sponsor Asw. Nora Campos (DEM-CA)
Title Restitution: entertainment profits.
Status Died in the Assembly Committee on Public Safety. A similar bill, A.B. 538, was passed and signed by the governor.
Summary A.B. 540 requires any person, organization, or company that enters into a contract to pay a person, who has been convicted of a crime and who is required to pay restitution, for the rights to his or her story, information relating to the crime for use by the company in an “entertainment product,” or consulting fees for the production of an “entertainment product” shall notify all of the following as to the amount contracted to be paid:

  1. The court where the person was sentenced for the crime.
  2. The Department of Corrections and Rehabilitation, if the person is currently under the jurisdiction of that department by reason of:
    1. being incarcerated in a state prison, a facility under the jurisdiction of the Division of Juvenile Justice, or a state hospital,
    2. on parole, or
    3. for any other reason.
  3. The county sheriff, if the person is currently under the jurisdiction of the county by reason of
    1. being incarcerated in a county jail,
    2. on probation, postrelease community supervision, or mandatory supervision, or
    3. for any other reason.
  4. The California Victim Compensation and Government Claims Board.
  5. The district attorney that prosecuted the relevant crime.
    1. The victim, if his or her contact information is reasonably available.
    2. If the victim is deceased, his or her next of kin, if known and if their contact information is readily available.

“Entertainment product” means a book, play, screen play, television show, movie, advertising campaign, or other similar product that is based, in whole or in part, on the criminal actions of the person being paid.

Read the legal memo we filed on A.B. 540 »

Bill No. California AB 1671
Sponsor Asm. Jimmy Gomez (DEM-CA)
Title Confidential communications: disclosure.
Status Signed by Gov. Jerry Brown on September 30, 2016.
Summary A.B. 1671 amends an existing electronic eavesdropping law to bar the disclosure of a “confidential communication” if it was heard by illegally eavesdropping using electronic equipment or recorded without consent of any of the parties.

“Confidential communication” is defined as any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or before a government body proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

The bar on disclosure also applies to any person who aids, abets, employs, or conspires with a person or persons to unlawfully do, permit, or cause to disclose the contents of the conversation in any manner or in any media.

There is no protection for the media in the legislation.

Read the legal memo we filed on A.B. 1671 »

Bill No. California SB 676
Sponsor Sen. Anthony Cannella (REP-CA)
Title Disorderly conduct: invasion of privacy.
Status Signed by Gov. Jerry Brown on September 9, 2015.
Summary S.B. 676 bars the publication of a person’s name, address or other personally identifiable information associated with an image of an intimate body part of another person distributed without that person’s consent.

There is an exception for republication of otherwise lawful public material.

The image does not have to be previously published without being identifiable.

08/27/2015: The bill was amended to remove this provision.

Read the legal memo we filed on S.B. 676 »

Delaware
Bill No. Delaware SB 68
Sponsor Sen. Patricia Blevins (DEM-DE)
Title AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ONLINE PRIVACY AND PROTECTION.
Status Signed by Gov. Jack Markell on August 7, 2015.
Summary S.B. 68 bars marketing a list of products and services that are illegal for minors on sites directed to minors, or for any site if it has actual knowledge that a minor is on the site, it may not market or advertise the goods and services to that minor. However, among the restrictions are “sexually oriented material” as defined in an adult business ordinance. The definition includes any sexual content without any inclusion of the Miller/Ginsberg test.

The bill also allows erasure of certain postings by minors and privacy policies for websites.

In addition, there is a requirement that “book service providers” may not disclose or provide to the government any “book service information” absent a warrant or court order.

06/15/2015: S.B. 68 has been amended to remove the bar on marketing “sexually oriented” material.

It has been replaced by a bar on advertising any material which, “predominately appeals to the prurient, shameful, or morbid interest of minors, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole lacks serious literary, artistic, political, social, or scientific value for minors.”

The definition mirrors the Miller/Ginsberg standard but is not limited to sexual material and could apply to a wide range of speech, such as violent content, that is fully protected for minors.

Read the legal memo we filed on S.B. 68 »

Bill No. Delaware SB 98
Sponsor Sen. David Lawson (REP-DE)
Title AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FOREIGN DEFAMATION JUDGMENTS AND TO EXPAND PROTECTIONS FOR CITIZENS AGAINST SUCH JUDGMENTS BY PROVIDING FOR DECLARATORY AND INJUNCTIVE RELIEF AND FURTHER LIMIT THE RECOGNITION AFFORDED TO SUCH JUDGMENTS.
Status Carried over from 2015. No actions were taken in 2016.
Summary S.B. 98 is a libel tourism bill.
Bill No. Delaware SB 208
Sponsor Sen. Patricia Blevins (DEM-DE)
Title AN ACT TO AMEND TITLES 6 AND 14 OF THE DELAWARE CODE AND CHAPTER 149, VOLUME 80 OF THE LAWS OF DELAWARE RELATING TO ONLINE PRIVACY PROTECTIONS.
Status Signed by Gov. Jack Markell on July 29, 2016.
Summary S.B. 208 adds a definition of sexual activity to Delaware’s law barring marketing to minors by sites directed to minors or on websites that have actual knowledge a minor is visiting it.

The present laws bars advertising for material that satisfied the three prongs of the Miller/Ginsberg test but did not include the limitation to sexually explicit content.

Florida
Bill No. Florida HB 7055
Sponsor Criminal Justice Subcommittee
Title Child Pornography
Status Died in the House Committee on Judiciary.
Summary H.B. 7055 amends Florida’s child pornography definition to include any visual depiction that has been created, adapted, or modified to appear that an “identifiable minor” is engaging in sexual activity.

“Identifiable minor” means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.

Bill No. Florida SB 1396
Sponsor Sen. Joseph Abruzzo (DEM-FL)
Title Child Pornography
Status Died in the Senate Committee on Criminal Justice.
Summary S.B. 1396 amends Florida’s child pornography definition to include any visual depiction that has been created, adapted, or modified to appear that an “identifiable minor” is engaging in sexual activity.

“Identifiable minor” means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.

This is a companion to H.B. 7055.

Georgia
Bill No. Georgia HB 103
Sponsor Rep. Dave Belton (REP-GA)
Title “”Kelsey’s Law””; enact
Status Carried over from 2015 (Passed by the House and left pending in the Senate). No action taken in 2016.
Summary Bars identifying a depiction that contains nudity as that of a specific minor in such a manner that a reasonable person would conclude that the image was that of the specific minor. Identifying the minor is done by including the minors name, address, telephone number or email address. It may also be done by imposing the facial image of the minor onto the depiction.
Bill No. Georgia HB 698
Sponsor Rep. Billy Mitchell (DEM-GA)
Title Retirement; no public retirement system shall invest funds in companies producing songs using certain racist or obscene lyrics; provide
Status Carried over from 2015 (Left pending in the House Committee on Retirement). No action taken in 2016.
Summary H.B. 698 would require Georgia’s public retirement funds to divest from any funds in public obligations of companies or businesses that produce, sell, or market songs with lyrics containing the word “nigger,” “whore” or “bitch” or any form of such words.

Any public retirement system which holds such investments on July 1, 2015, shall divest itself of all such investments not later than July 1, 2016.

Hawaii
Bill No. Hawaii HB 529
Sponsor Rep. Cindy Evans (DEM-HI)
Title Crime; Arrest Booking Photographs; Mug Shots; Commercial Websites
Status Carried over from 2015 (Passed by the House). No action was taken in 2016.
Summary H.B. 529 requires a website to remove the arrest photo within 30 days of any person who makes a written request if the person was not convicted or successfully completed the terms of certain convictions.

The legislation also bars state criminal justice agencies from posting arrest photos except as required by law to be posted.

These restrictions do not apply to conviction data and to cases if the defendant is not convicted because of “physical or mental disease, disorder or defect.”

Read the legal memo we filed on H.B. 529 »

Bill No. Hawaii HB 1516
Sponsor Rep. Karl Rhoads (DEM-HI)
Title Internet Crimes Against Children Fee ($)
Status Passed by the House. Died in the Senate Committee on Judiciary and Labor.
Summary H.B. 1516 imposes an additional $100 fee on anyone convicted of an “internet crime against children.” Promoting pornography to minors is deemed an “Internet crime against children.”

Promoting pornography to a minor bars the dissemination to a minor, exhibition, sale of an admission ticket or allowing a minor to enter a movie theater if the content contains sexual content that appeals to a minor’s prurient interest in sex and, taken as a whole, lacks serious value.

A minor is anyone 16 years old or younger.

Bill No. Hawaii SB 264
Sponsor Sen. Suzanne Chun Oakland (DEM-HI)
Title Indecent Advertising; Massage
Status Carried over from 2015 (Left pending in the Senate Committees on Commerce, Consumer Protection, and Health and on Judiciary and Labor). No action taken in 2016.
Summary S.B. 264 bars a publisher or producer of a print, broadcast or electronic advertising medium from running any advertisement or listing for massage therapy, relaxation therapy, or an escort service that includes the word “massage,” “relaxation,” “spa,” escort,” or “body rubs,” images depicting any person being advertised as a massage therapist, relaxation therapist, or escort in “nude condition”; or any advertisement that refers to the “intimate areas” of a person being advertised as a massage therapist, relaxation therapist, or escort in any print, broadcast, electronic advertisement, or directories that includes the word “massage,” “relaxation,” “spa,” “escort,” or “body rubs.”

“A publisher or producer who obtains a written or electronic agreement from the advertiser that the advertiser will not advertise any service in violation of state or federal law shall be entitled to a rebuttable presumption of compliance with this section.”

Advertising includes in any newspaper or magazine, broadcasting commercials or distributing commercial messages through any electronic communication system, including but not limited to the Internet.

“Intimate areas” is defined by reference to another section. “Nude condition” is not defined.

Bill No. Hawaii SB 2202
Sponsor Sen. Will Espero (DEM-HI)
Title Internet Crimes Against Children Fee
Status Died in the Senate Committee on Judiciary and Labor.
Summary S.B. 2202 imposes an additional $100 fee on anyone convicted of an “Internet crime against children.” Promoting pornography to minors is deemed an “Internet crime against children.”

Promoting pornography to a minor bars the dissemination to a minor, exhibition, sale of an admission ticket or allowing a minor to enter a movie theater if the content contains sexual content that appeals to a minor’s prurient interest in sex and, taken as a whole, lacks serious value.

A minor is anyone 16 years old or younger.

The bill is a companion to H.B. 1516.

Idaho
Bill No. Idaho H 544
Sponsor State Affairs Committee
Title Alcohol, films, indecency/obscenity
Status Signed by Gov. Butch Otter on March 30, 2016.
Summary H.B. 544 would amend Idaho’s existing law barring display of nudity or mild sexual content in businesses that serve alcohol. The bill would narrow that limitation to material that is obscene under Idaho law or violates federal laws on “pornography, obscenity or indecency.”

The regulation of material that is indecent would broaden the existing law to include dialogue with words about sex or excretory functions.

Illinois
Bill No. Illinois HB 3565
Sponsor Rep. Jehan Gordon-Booth (DEM-IL)
Title CRIM CD-SEXUAL SERVITUDE-MINOR
Status Carried over from 2015 (Left pending in House Committee on Judiciary). No action taken in 2016.
Summary H.B. 3565 would broaden the crime of sexual servitude to include advertising a minor for commercial sexual activity or advertise for a minor to engage in commercial sexual activity. The bill does not specifically exclude a publisher who accepts such an ad.

The bill is similar to US H.B. 285 (Congresswoman Wagner’s version of the SAVE Act.)

Bill No. Illinois HB 4419
Sponsor Rep. Terri Bryant (REP-IL)
Title CRIM CD-DISORDERLY CONDUCT
Status Died in the House Committee on Rules.
Summary H.B. 4419 makes it a disorderly conduct offense to upload a video of a crime being committed, a gang-related fight, a serious battery or other display of violence to a social media website or social networking website with the intent to promote or condone that activity.

It also makes it a disorderly conduct offense to refuse to provide a law enforcement agency or peace officer with that uploaded video upon request.

Indiana
Bill No. Indiana H.B. 1104
Sponsor Rep. Christina Hale (DEM-IN)
Title Harassment.
Status Died in the House Committee on Courts and Criminal Code.
Summary H.B. 1104 defines as harassment the dissemination of a picture of a person nude or engaged in sexual activity with the intent to annoy, alarm or ridicule, but with no intent of legitimate communication.

Existing law defines as harassment communication with another person in writing or by using a computer network or electronic communication with the intent to annoy, alarm or ridicule, but with no intent of legitimate communication.

“No intent of legitimate communication” is not defined.

A violation is a class B misdemeanor. There is also a cause of action granted to the victim to bring a civil cause of action to recover:

  1. Actual damages,
  2. Equitable relief, including injunctive relief,
  3. Punitive damages,
  4. Reasonable attorney’s fees and court costs,
  5. Any other relief a court considers proper.
Bill No. Indiana SB 14
Sponsor Sen. Randall Head (REP-IN)
Title Various criminal law matters.
Status Signed by Gov. Mike Pence on March 21, 2016.
Summary S.B. 14 would amend IC 35-42-4-4 to create two new sections and re-order the lettering of existing subsections.

Subsection 4(b)(2) and (3) criminalizes the dissemination of material that describes sexual conduct of minors (subsection 4(b)(4) only applies to depictions).

Subsection 4(c) applies to the same material but is a higher level felony if other elements are met.

Subsection 4(d) makes illegal depictions of adults that lack serious value and drawings that are, by definition, not photographic images.

Subsection 4(e) criminalizes depictions of adults who appear to be minors, regardless of whether the depiction has serious value.

Read the legal memo we filed on S.B. 14 »

Iowa
Bill No. Iowa SF 2039
Sponsor Sen. Janet Petersen (DEM-IA)
Title A bill for an act relating to the limitations of criminal actions in sexually motivated or exploitation offenses that involve a minor, modifying the criminal offense for disseminating obscene materials to minors, and providing penalties. (See SF 2226.)
Status Died in the Senate Committee on Judiciary.
Summary S.F. 2039 amends Iowa’s existing law barring using a telephone to disseminate to a minor of material harmful to minors. The bill would make it illegal to use an electronic communication device to do so.

The bill does not explicitly apply the prohibition on dissemination by the Internet or other general distribution, but that is a reasonable reading of the law with these changes.

“Electronic communication device” is defined as a telephone, mobile telephone or other electronic device used to move information from one place to another.

Read the legal memo we filed on S.F. 2039 »

Bill No. Iowa SF 2226
Sponsor Committee on Judiciary
Title A bill for an act relating to the limitations of criminal actions in sexually motivated or exploitation offenses that involve a minor, modifying the criminal offense for disseminating obscene materials to minors, and providing penalties. (Formerly SF 2039)
Status Died in the Senate Committee on Judiciary.
Summary S.F. 2226 amends Iowa’s existing law barring using a telephone to disseminate to a minor of material harmful to minors. The bill would make it illegal to use an electronic communication device to do so.

The bill does not explicitly apply the prohibition on dissemination by the Internet and other general distribution, but that is a reasonable reading of the law with these changes.

“Electronic communication device” is defined as a telephone, mobile telephone or other electronic device used to move information from one place to another.

Kansas
Bill No. Kansas HB 2062
Sponsor Committee on Judiciary
Title Substitute for HB 2062 by Committee on Judiciary – Uniform commercial code (UCC) updates; exclusion of consumer transactions governed by federal law; other technical corrections.
Status Signed by Gov. Sam Brownback on May 9, 2016.
Summary H.B. 2062 adds to the existing breach of privacy law to make it illegal to knowingly and without lawful authority disseminate or permit the dissemination of any videotape, film, photograph or image of another identifiable person who is nude or in a state of undress, with the intent to invade the privacy of that person and without the consent of that other person to such dissemination.

Neither “nude” nor “state of undress” is defined in the bill or existing section of the law.

A violation is a felony.

03/18/2016: H.B. 2062 was amended to remove any references to non-consensual distribution of images.

Bill No. Kansas HB 2080
Sponsor Committee on Corrections and Juvenile Justice
Title Including unlawful dissemination of consensually taken images in blackmail and breach of privacy.
Status Died in the House Committee on Judiciary.
Summary H.B. 2080 adds to the breach of privacy law a provision to make it a crime to disseminate or permit to be disseminated any photographic image of another adult who is nude or in a state of undress, when the image was captured with consent of that other person, but that other person did not consent to the dissemination of it.

There is an enhanced penalty if the distribution is done to gain anything of value, done with an intent to annoy or alarm, the image is paired with personally identifiable information or maintaining a website that contains the image.

Bill No. Kansas HB 2277
Sponsor Committee on Judiciary
Title Enacting the Kansas child protection registry act.
Status Died in the House Committee on Judiciary.
Summary H.B. 2277 requires Kansas to create and operate a “child protection registry” that allows minors or their parents to register the minor’s electronic contact points with the state.

No one may then send or cause to be sent to any contact point registered with the state a communication that has the primary purpose of advertising or promoting material harmful to minors or any good or service that a minor is prohibited from purchasing by law.

The state will then create a system to allow to scrub their contact list of addresses registered as minors.

Bill No. Kansas HB 2501
Sponsor Committee on Corrections and Juvenile Justice
Title Clarifying the definition of crime committed with an electronic device; including unlawful dissemination of consensually taken images in blackmail and breach of privacy; creating the (more)
Status Signed by Gov. Sam Brownback on May 17, 2016.
Summary H.B. 2501 bars dissemination of an image of an identifiable person nude or “in a state of undress” without the person’s consent.

05/27/2016: The bill was amended to include the intent to harass, threaten or intimidate.

Kentucky
Bill No. Kentucky HB 162
Sponsor Rep. Adam Koenig (REP-KY)
Title AN ACT relating to harassing communications.
Status Signed by Gov. Matt Bevin on April 13, 2016.
Summary H.B. 162 amends Kentucky’s existing harassment law to cover any form of electronic communication. The existing law bars communication with a person, anonymously or otherwise, by telephone, telegraph, mail or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication.
Louisiana
Bill No. Louisiana HB 938
Sponsor Rep. Bryan Adams (REP-LA)
Title CRIME: Creates the crime of unlawful display of profane material in historic districts (OR INCREASE GF EX See Note)
Status Died in the House Committee on Administration of Criminal Justice.
Summary H.B. 938 would make it unlawful to display “profane material” in retail stores located in any historic district if the “profane material” is visible to the public from outside the retail store.

“Profane material” is defined as any material including, but not limited to, t-shirts, other clothing, signs, displays, and any other matter, which includes language that is “vituperative, invective, blasphemous, or offensive.”

A violation of the section is subject to up to two years in prison, a $2,000 fine or both.

Maine
Bill No. Maine LD 679
Sponsor Rep. Kenneth Fredette (REP-ME)
Title An Act to Prohibit the Unauthorized Distribution of Certain Private Images
Status Became law on July 12, 2015 without the governor’s signature.
Summary L.D. 679 makes it illegal to distribute an image of another identifiable person who is nude or engaged in sexual conduct if it is done without the person’s consent.

Nudity is defined as fully nude, partially nude or transparently clothed genitals, pubic area, anus or any portion of the breast of a female below the top of the areola.

06/15/2015: The bill was amended to limit it to images disseminated with an intent to harass, torment or threaten and the dissemination has no newsworthy or public purpose.

There is no limitation to images where the person had a reasonable expectation of privacy.

Read the legal memo we filed on L.D. 679 »

Bill No. Maine LD 1114
Sponsor Sen. G. William Diamond (DEM-ME)
Title An Act To Protect Maine’s Children from Sexual Abuse and Exploitation
Status Signed by Gov. Paul LePage on March 3, 2016
Summary L.D. 1114 makes it a crime for an adult to “electronically transmit” an image or video of sexually explicit conduct or a link to a site that hosts such an image to a person he or she knows or believe to be less than 14 years old.

“Electronically transmit” includes, but not limited to, electronic mail or text messaging or through social media or a “community online forum.”

“Sexually explicit conduct” is not defined.

07/01/2015: The bill was amended to remove the section restricting the dissemination to minors of sexual material but that does not meet the Miller/Ginsberg test for what is illegal for minors.

Read the legal memo we filed on L.D. 1114 »

Maryland
Bill No. Maryland HB 30
Sponsor Del. William Wivell (REP-MD)
Title Criminal Law – Display of Material Harmful to Minors – Restrictions
Status  Died in the House Committee on Judiciary.
Summary H.B. 30 bars the display for sale of any book, magazine or other printed material pamphlet with a cover or content that is harmful to minors unless the material is behind blinders or in an opaque bag so that only the name, price and date are visible.

Read the legal memo we filed on H.B. 30 »

Massachusetts
Bill No. Massachusetts HB 483
Sponsor Rep. Alan Silvia (DEM-MA)
Title An Act relative to the harmful distribution of sexually explicit visual material
Status Left pending in the House Committee on Education. Carried over from 2015. No action was taken in 2016.
Summary H.B. 483 make it a crime for anyone to “electronically distribute, publish, email, hyperlink, or make available for downloading, a visual image depicting nudity or sexual conduct of another, identifiable person with an intent to cause substantial emotional distress or humiliation and without the consent of the person depicted.”

A first violation shall be punished by a fine of not less than $1,000 or imprisonment for not less than 1 year, or by both such fine and imprisonment.

Neither substantial emotional distress nor humiliation are defined in the legislation.

There is no reasonable expectation of privacy element of the crime.

There are no exceptions for commercial or voluntary nudity or for newsworthy images.

Bill No. Massachusetts HB 1399
Sponsor Rep. Bradley Jones (REP-MA)
Title An Act relative to profits from crime
Status Carried over from 2015. House Committee on Judiciary recommended further study.
Summary H.B. 1399 would require any person or entity that enters into a contact with a “defendant” for anything of value derived from a “unique knowledge or notoriety acquired by means and in consequence of commission of a crime” to submit the contract to the Attorney General’s office and post a bond equal to the value of the contract.

The Attorney General then determines if the contract was entered into for the unique knowledge of the crime or notoriety related to it. If the Attorney General deems that it is, the state keeps the bonded money to pay any civil damages related to the crime. After all claims are paid, the state is entitled to keep 50 percent of the balance of the bond for the victim compensation fund. The other half is to be returned to the contracting party.

A “defendant” is defined as anyone charged with or convicted of a crime, or has voluntarily admitted to having committed the crime. Failure to do so is subject to a civil penalty equal to the value of the contract. If the failure is willful, it is subject to a civil fine of up to three times the value of the contract.

Read the legal memo we filed on H.B. 1399 »

Bill No. Massachusetts HB 1513
Sponsor Rep. Harold Naughton (DEM-MA)
Title An Act relative to the disclosure of visual images of a person without his or her consent
Status Carried over from 2015. House Committee on Judiciary recommended further study.
Summary H.B. 1513 bars disclosure of an image of another identifiable person nude, partially nude or engaged in sex if he or she knew or should have known that the person in the image did not consent.

There’s an exception for disclosure for the purpose of “any bona fide and lawful public purpose.”

A violation is subject to imprisonment in the house of correction for not more than 2 1/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

Read the legal memo we filed on H.B. 1513 »

Michigan
Bill No. Michigan HB 4584
Sponsor Rep. Thomas Hooker (REP-MI)
Title Civil procedure; civil actions; uniform foreign-country money judgments recognition act; amend to exclude foreign defamation judgments. Amends sec. 3 of 2008 PA 20 (MCL 691.1133). TIE BAR WITH: HB 4581’15
Status Carried over from 2015. Left pending in the House Committee on Judiciary. No action was taken in 2016.
Summary H.B. 4584 bars enforcement of foreign defamation judgments to the extent they conflict with First Amendment protections in such cases in the U.S.
Bill No. Michigan HB 4585
Sponsor Rep. Thomas Hooker (REP-MI)
Title Civil procedure; defenses; foreign judgments; provide protection against certain defamation judgments. Creates new act. TIE BAR WITH: HB 4584’15
Status Carried over from 2015. Left pending in the House Committee on Judiciary. No action taken in 2016.
Summary H.B. 4585 bars enforcement of foreign defamation judgments to the extent they conflict with First Amendment protections in such cases in the U.S.
Bill No. Michigan SB 508
Sponsor Sen. Steven Bieda (DEM-MI)
Title Amends 1931 PA 328 (MCL 750.1 – 750.568) by adding sec. 145e.
Status Carried over from 2015. Signed by Gov. Rick Snyder on April 26, 2016.
Summary S.B. 508 bars dissemination of an image containing nudity or sexual content in which the person in the image is identifiable from the image or information associated with it, the person who disseminates it obtained the image under circumstances that he or she knew or should have known the image was to remain private and knew or should have known that the person in the image did not consent.

There is an exception for media that is similar to the Right of Publicity exemption language: “The use of sexually explicit visual material that is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.”

Read the legal memo we filed on S.B. 508 »

Minnesota
Bill No. Minnesota HF 2741
Sponsor Rep. John Lesch (DFL-MN)
Title Nonconsensual dissemination of private sexual images and nonconsensual sexual solicitation civil cause of action created, coercion crime amended to include threat of nonconsensual dissemination of private sexual images, stalking crime amended to include nonconsensual sexual solicitation, qualified …
Status  Its companion bill, S.F. 2713, was signed by Gov. Mark Dayton on May 19, 2016.
Summary H.F. 2741 bars the dissemination of an image of another person with their “intimate parts” exposed, in whole or in part, or engaged in sexual activity without the consent of the person depicted and the image was obtained or created under circumstances “in which a reasonable person would know or understand that the image was to remain private.”

“Intimate parts” means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus of the person depicted, or if the person is a female, a partially or fully exposed nipple.

Sexual activity is defined to include intentional touching of a person’s “intimate parts.”

There is an exception for distribution of an image that “relates to a matter of public concern and dissemination serves a lawful public purpose.”

There are enhanced penalties if the person who disseminates the image does so:

  • if the person depicted suffers financial loss;
  • the dissemination is done with intent to profit;
  • the person maintains a web site for the purpose of disseminating the image;
  • the person posts the image on a pornographic Web site;
  • or the person includes “personal information” of the person depicted.

“Personal information” is defined to include a person’s full name, last name and first initial, first name and last initial, social media address, or physical address.

A violation would also be deemed an act of harassment that allows a court to issue an injunction. It is also classified as a “qualified domestic violence-related offense.”

H.F. 2741 also creates a separate private cause of action for acts that would violate the criminal section. Under the cause of action, the person depicted in the image can be awarded general and special damages, including mental anguish; an amount equal to any profit made from the dissemination, a civil penalty of up to $10,000; and reasonable attorney’s fees.

The court may also impose a temporary or permanent injunction or restraining order to prevent further harm to the plaintiffs. Failure to comply can be subject to a fine of $1,000 a day.

Bill No. Minnesota HF 3994
Sponsor Rep. Joe Hoppe (REP-MN)
Title Property right recognized in a person’s name, voice, signature, photograph, or likeness; unauthorized use prohibited; and remedies provided.
Status Died in the House Committee on Rules and Legislative Administration.
Summary H.F. 3994 creates a right of publicity for the deceased. It provides a limited “fair use” exception for a limited number of non-commercial uses.

The bill was amended to remove any exception for non-commercial uses.

Bill No. Minnesota SF 2713
Sponsor Sen. Barbara Goodwin (DFL-MN)
Title Nonconsensual dissemination of private sexual images and nonconsensual sexual solicitation civil cause of action creation
Status Signed by Gov. Mark Dayton on May 19, 2016.
Summary S.F. 2713 bars the dissemination of an image of another person with their “intimate parts” exposed, in whole or in part, or engaged in sexual activity without the consent of the person depicted and the image was obtained or created under circumstances “in which a reasonable person would know or understand that the image was to remain private.”

“Intimate parts” means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus of the person depicted, or if the person is a female, a partially or fully exposed nipple.

Sexual activity is defined to include intentional touching of a person’s “intimate parts.”

There is an exception for distribution of an image that “relates to a matter of public concern and dissemination serves a lawful public purpose.”

There are enhanced penalties if the person who disseminates the image does so:

  • if the person depicted suffers financial loss;
  • the dissemination is done with intent to profit;
  • the person maintains a web site for the purpose of disseminating the image;
  • the person posts the image on a pornographic Web site;
  • or the person includes “personal information” of the person depicted.

“Personal information” is defined to include a person’s full name, last name and first initial, first name and last initial, social media address, or physical address.

A violation would also be deemed an act of harassment that allows a court to issue an injunction. It is also classified as a “qualified domestic violence-related offense.”

S.F. 2713 also creates a separate private cause of action for acts that would violate the criminal section. Under the cause of action, the person depicted in the image can be awarded general and special damages, including mental anguish; an amount equal to any profit made from the dissemination, a civil penalty of up to $10,000; and reasonable attorney’s fees.

The court may also impose a temporary or permanent injunction or restraining order to prevent further harm to the plaintiffs. Failure to comply can be subject to a fine of $1,000 a day.

Bill No. Minnesota SF 3609
Sponsor Sen. Bobby Champion (DFL-MN)
Title PRINCE Act; survival of commercial appropriation claims
Status Died in the House Committee on Judiciary.
Summary S.F. 3609, The PRINCE Act, creates a right of publicity for the deceased. It provides a limited “fair use” exception for a limited number of non-commercial uses.

The bill was amended to remove any exception for non-commercial uses.

Bill No. Minnesota HF 18 (1st Special Session)
Sponsor Rep. John Lesch (DFL-MN)
Title Unauthorized disclosure of images penalties provided, criminal defamation clarified, penalties for using another’s identity to solicit sex established.
Status Introduced in the 2015 1st Special Session. Left pending in the House. No action taken in 2016.
Summary H.F. 18 bars the intentional distribution of images of an identifiable person nude or engaged in sexual activity if the image was obtained in circumstances in which a reasonable person would know or understand that it was to remain private and the person in the image did not consent to the distribution.

There is an exception for the dissemination of such an image for a lawful public purpose.

Missouri
Bill No. Missouri HB 2636
Sponsor Rep. Marsha Haefner (REP-MO)
Title Establishes the Missouri Child Protection Registry
Status Died in the House Committee on Children and Families
Summary H.B. 2636 requires a state to create a “do not contact” list for minors. Parents or guardians could then register a contact point if it belongs to a minor, a minor has access to it, or it is in a house where a minor resides.

It then bars anyone from knowingly sending a communication to a contact point that has been on the list for more than 30 calendar days if the primary purpose of the communication is to directly or indirectly advertise or otherwise link to a communication that advertises a product or service that a minor is prohibited by law from purchasing or that contains or has the primary purpose of advertising or promoting material that is harmful to minors.

Anyone wishing to advertise for those products must pay to have their contact list scrubbed to remove anyone on the do not contact list. The list must be scrubbed monthly.

There is an elaborate system to allow someone to send to a blocked address if an adult uses and verifies his or her age.

Anyone who violates the law is subject to a civil action by the parent or guardian of the minor.

The bill is identical to S.B. 1031.

Bill No. Missouri SB 1031
Sponsor Sen. David Sater (REP-MO)
Title Establishes the Missouri Child Protection Registry
Status Died in the Senate Committee on Seniors, Families and Children.
Summary S.B. 1031 requires a state to create a “do not contact” list for minors. Parents or guardians could then register a contact point if it belongs to a minor, a minor has access to it, or it is in a house where a minor resides.

It then bars anyone from knowingly sending a communication to a contact point that has been on the list for more than 30 calendar days if the primary purpose of the communication is to directly or indirectly advertise or otherwise link to a communication that advertises a product or service that a minor is prohibited by law from purchasing or that contains or has the primary purpose of advertising or promoting material that is harmful to minors.

Anyone wishing to advertise for those products must pay to have their contact list scrubbed to remove anyone on the do not contact list. The list must be scrubbed monthly.

There is an elaborate system to allow someone to send to a blocked address if an adult uses and verifies his or her age.

Anyone who violates the law is subject to a civil action by the parent or guardian of the minor.

Nebraska
Bill No. Nebraska LB 892
Sponsor Sen. Bill Kintner (NON-NE)
Title Change provisions relating to intimidation by telephone call
Status Died in the Committee on Judiciary.
Summary L.B. 892 would add electronic communication to Nebraska’s law barring intimidation by telephone caller.

It makes it a crime to contact someone electronically with the intent to annoy or offend (or terrify, intimidate, threaten or harass) the person and use indecent, lewd, lascivious, or obscene language or suggest any indecent, lewd, or lascivious act.

The use of indecent, lewd, or obscene language or the making of a threat or lewd suggestion is deemed to be prima facie evidence of intent to annoy or offend (terrify, intimidate, threaten or harass).

“Electronic communication device” is defined as any device which, in its ordinary and intended use, transmits by electronic means writings, sounds, visual images, or data of any nature to another electronic communication device.

Read the legal memo we filed on L.B. 892 »

New Hampshire
Bill No. New Hampshire SB 465
Sponsor Sen. Jeff Woodburn (DEM-NH)
Title (New Title) relative to the nonconsensual dissemination of private sexual images.
Status  Signed by Gov. Maggie Hassan on May 20, 2016.
Summary S.B. 465 bars the dissemination of images of “intimate parts” or “sexual activity” of an identifiable person who is an adult if the image was obtained under circumstances in which a reasonable person would know or understand that the person in the image, intended it to remain private; and the person knows or should have known that the person in the image has not consented to the dissemination.

“Intimate parts” is defined to include genitals and breasts of a female if nude or in clothes that are transparent.

“Sexual activity” includes touching of the clothed genitals, anus or female breast. It also includes “bondage” or “fetter” regardless of whether they are in a sexual context. There’s no definition of “fetter.”

There is an exception if the dissemination is for a lawful purpose, but the term is not defined.

A violation is a Class B felony.

12/07/2016: Amended to require an intent to harass, threaten or coerce.

Read the legal memo we filed on S.B. 465 »

New Jersey
Bill No. New Jersey AB 521
Sponsor Asw. Holly Schepisi (REP-NJ)
Title Prohibits the unauthorized photographing or videotaping of a child.
Status Left pending in the Assembly Committee on Judiciary. New Jersey carries over bills to 2017, so it may be taken up next year.
Summary A.B. 521 bars capturing image of a minor without consent of the minor’s parent or guardian under circumstances that a reasonable parent would not expect the minor to be photographed.
Bill No. New Jersey AB 3419
Sponsor Asm. Reed Gusciora (DEM-NJ)
Title Prohibits advertising of certain products to minors on website; requires website operators to allow minors to delete posts.
Status Left pending in the Assembly Committee on Consumer Affairs. New Jersey carries over bills to 2017, so it may be taken up next year.
Summary A.B. 3419 bars marketing to minors of a number of goods and services that are illegal for minors by website that are directed to minors and marketing to a specific person by websites to a specific person they know to be a minor.

The bill would bar marketing material that is obscene for minors but NJ’s law is clearly unconstitutional and woefully out of date.

Instead of using the three prongs of the Miller/Ginsberg test, it defines obscene material as:

  1. “Obscene material” means any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
  2. “Obscene film” means any motion picture film or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene, taken by itself:
    1. Depicts a specified anatomical area or specified sexual activity, or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity; and
    2. Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest.
  3. “Specified anatomical area” means:
    1. Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
    2. Human male genitals in a discernibly turgid state, even if covered.
Bill No. New Jersey AB 4266
Sponsor Asw. Valerie Vainieri Huttle (DEM-NJ)
Title Provides penalties for sexually offensive or abusive communication through social networking websites.
Status Left pending in the Assembly Committee on Judiciary. New Jersey carries over bills to 2017, so it may be taken up next year.
Summary A.B. 4266 bars any person from transmitting a “sexually offensive” communication through a social networking website to or about a person located in New Jersey who is, or who the speaker reasonably believe to be less than 13 years of age, or at least 13 but less than 16 years old and at least four years younger than the speaker.

“Social networking website” is defined as a website which is accessible to third parties and on which users under the age of 18 located in New Jersey may post personal information and through which third parties may communicate with such users.

“Sexually offensive communication” includes any communication that meets New Jersey’s definition of obscene for minors. The definition is clearly unconstitutional. It is defined “any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.” There is an additional definition for scenes in films, taken by themselves, if they meet a two part test:

  1. Depicts a specified anatomical area or specified sexual activity, or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity; and
  2. Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest.

Anyone who violates this section is liable to the recipient of the email for $5,000 plus legal fees or actual damages, whichever is greater.

“Actual damages” shall consist of “compensatory” and punitive damages and costs of suit, including reasonable attorney’s fees. “Compensatory damages” may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, diminished childhood, diminished enjoyment of life, costs of counseling, and lost wages.

The person who sends the communication shall also be liable to the social networking site for $1,000 plus attorney’s fees.

In addition, a social networking website operator must revoke, in the most expedient time possible without unreasonable delay, the website access of any user or third party upon receipt of information that provides a reasonable basis to conclude that the user or third party violated this legislation.

However, a social networking website operator shall not be deemed to be in violation of subsection a. of this section if the operator maintains a reporting mechanism available to the user that meets the following requirements:

  1. the social networking website displays, in a conspicuous location, a readily identifiable icon or link that enables a user or third party to report to the social networking website operator a sexually offensive or abusive communication transmitted through the social networking website;
  2. the operator conducts a review, in the most expedient time possible without unreasonable delay, of any report by a user or third party, including investigation and referral to law enforcement if appropriate, and provides users and third parties with the opportunity to determine the status of the operator’s review or investigation of any such report; and
  3. the mechanism provides the means to enable a user to block communications from third parties whom users allege have transmitted a sexually offensive or abusive communication.

The bill also bars sending any minor in New Jersey an “abusive communication,” which is defined as any communication which a reasonable person would believe is intended to threaten, intimidate or harass another person. There is no subjective intent element.

Bill No. New Jersey SB 542
Sponsor Sen. Kevin O’Toole (REP-NJ)
Title Prohibits the unauthorized photographing or videotaping of a child.
Status Left pending in the Senate Committee on Judiciary. New Jersey carries over bills to 2017, so it may be taken up next year.
Summary S.B. 542 bars capturing image of a minor without consent of the minor’s parent or guardian under circumstances that a reasonable parent would not expect the minor to be photographed.
Bill No. New Jersey SB 1212
Sponsor Sen. Richard Codey (DEM-NJ)
Title Provides penalties for sexually offensive or abusive communication through social networking websites.
Status Left pending in the Senate Committee on Judiciary. New Jersey carries over bills to 2017, so it may be taken up next year.
Summary S.B. 1212 bars dissemination of material “obscene for minors” to a person 16 years old or younger by a social networking website.

New Jersey’s “obscene for minors” law is unconstitutionally overbroad in several respects.

A person who violates this section is liable to the social networking website operator in a civil action for damages of $1,000, plus attorney’s fees, for each violation.

A person who violates this section is also liable to the recipient of the communication in a civil action for damages in the amount of $5,000, plus attorney’s fees, or actual damages, whichever is greater.

Actual damages shall consist of compensatory and punitive damages plus reasonable attorney’s fees. Compensatory damages may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, diminished childhood, diminished enjoyment of life, costs of counseling, and lost wages.

New Mexico
Bill No. New Mexico HB 237
Sponsor Rep. Monica Youngblood (REP-NM)
Title CHILD PROTECTION REGISTRY ACT & FUND
Status Died in the House.
Summary H.B. 237 requires a state to create a “do not contact” list for minors. Parents or guardians could then register a contact point if it belongs to a minor, a minor has access to it or it is in a house where a minor resides.

It then bars anyone from knowingly sending a communication to a contact point that has been on the list for more than thirty calendar days if the primary purpose of the communication is to directly or indirectly advertise or otherwise link to a communication that advertises a product or service that a minor is prohibited by law from purchasing or that contains or has the primary purpose of advertising or promoting material that is harmful to minors.

Anyone wishing to advertise for those products must have their contact list scrubbed to remove any contact points on the do not contact list. The list must be scrubbed monthly.

There is an elaborate system to allow someone to send to a blocked address if an adult uses and verifies his or her age.

Anyone who violates the law is subject to a civil action by the parent or guardian of the minor. A court may award actual damages or $1,000, whichever is greater plus legal fees.

New York
Bill No. New York AB 571
Sponsor Asm. Edward Braunstein (DEM-NY)
Title To amend the penal law, in relation to establishing the crime of non-consensual dissemination of sexually explicit images
Status Left pending in the Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 571 bars the intentional and knowing disclosure of an image of another person who is nude or engaged in sexual activity without the consent of the person depicted in the image, when a reasonable person would have known the person depicted had not consented and under circumstances when the person in the image has a reasonable expectation of privacy.

A person who consents to a picture being taken or possessed in a “private” or “confidential” relationship retains a reasonable expectation of privacy beyond the end of that relationship.

The person in the image does not have to be identifiable.

“Disclosure” is defined as any dissemination of the image. It does not exclude republishing of the image.

“Intimate parts” are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

The law would not apply to images of voluntary exposure in public or commercial settings.

There is no exception for newsworthy, historic or artistic images.

The bill is identical to A.B. 8214, which was sponsored by Assemblyman Braunstein last year.

Bill No. New York AB 1185
Sponsor Asw. Aileen Gunther (DEM-NY)
Title To amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees
Status Left pending in Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 1185 would make it a crime to intentionally disseminate an image of another person’s “sexual or intimate parts” without explicit consent to do so and with an intent to harass, annoy or alarm that person.

“Sexual or other intimate parts” is not defined.

Neither “annoy” nor “alarm” is defined.

The person in the image does not have to be identifiable

This bill is the same as A.B. 8204 that Assemblywoman Gunther introduced in 2014.

Bill No. New York AB 2562
Sponsor Asm. Steve Katz (REP-NY)
Title To amend the penal law, in relation to establishing the crimes of revenge exposure in the third degree, revenge exposure in the second degree and revenge exposure in the first degree
Status Left pending in the Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 2562 makes it a crime to disseminate nude or sexual images of another identifiable person without his or her consent under circumstances that the person had a reasonable expectation of privacy.

There is an enhanced penalty if the dissemination is with the intent to cause serious emotional distress or to obtain profit.

Bill No. New York AB 3156
Sponsor Asm. Matthew Titone (DEM-NY)
Title To amend the penal law, in relation to disseminating indecent material to minors in the first degree, promoting and possessing an obscene sexual performance by a child, and promoting and possessing a sexual performance by a child; and to amend the civil rights law, in relation to a child victim’s…
Status Left pending in the Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 3156 would amend the law struck down in ALA v. Pataki to include descriptions of nudity or sexual conduct. Before it was struck down, the law was limited to images of nudity or sexual conduct.
Bill No. New York AB 3164
Sponsor Asm. Matthew Titone (DEM-NY)
Title To amend the state technology law, in relation to privacy rights for minors in the digital world
Status Left pending in the Assembly Committee on Governmental Operations. Carried over to 2016. No action taken in 2016.
Summary A.B. 3154 bars marketing a list of products and services that are illegal for minors on sites directed to minors or if any site has actual knowledge that a minor is on the site, it may not market or advertise the goods and services to that minor.

Among the restrictions are material harmful to minors, which is defined in reference to the section of the New York law that was struck down in ALA v. Pataki.

The law also bars the use of information gathered about a specific minor to advertise to that minor.

It also allows minors registered to use a website to have content he or she generated to be removed or hidden.

Bill No. New York AB 3321
Sponsor Asm. David Weprin (DEM-NY)
Title To amend the penal law, in relation to establishing the offense of public display of a blurred sexual advertisement
Status Left pending in the Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 3321 bars publishing or display of any advertisement for anything “sex related” that depicts a person or part of a person without revealing the person’s entire face.
Bill No. New York AB 3766
Sponsor Asm. Keith Wright (DEM-NY)
Title To amend the general business law, in relation to prohibiting sale of certain video games to minors
Status Left pending in the Assembly Committee on Consumer Affairs and Protection. Carried over to 2016. No action taken in 2016.
Summary A.B. 3766 would bar the sale or rental to a minor of any video game that has a “mature or violence” rating.

Such a rating may contain, but shall not be limited to, depictions descriptive of, advocating, or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any sexual activity in a violent context or encouraging murder, violent racism, religious violence, morbid violence or illegal use of drugs or alcohol.

Retailers must display such video games in an adults only section of the retail location.

“Rating” is defined as “the standard designation commonly used to inform parents about video games regarding listening and viewing by their children.”

Bill No. New York AB 7904
Sponsor Asm. Joseph Morelle (DEM-NY)
Title To amend the civil rights law and the civil practice law and rules, in relation to the right of publicity
Status Left pending in the Assembly Committee on Judiciary. Carried over to 2016. No action taken in 2016.
Summary A.B. 7904 creates a right of publicity in an individual’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled in New York at the time of death.

Section 34 of the bill provides an exception to the right for certain expressive uses. It protects artistic and creative works and allows book, plays, magazines, newspapers, music, film, radio, television and other media to use a living or deceased individual’s name or likeness in a ranger of fictional and non-fictional works.

This exception for non-commercial works is very similar to such exceptions that have been included in almost every recent state law granting a right of publicity. However, the expressive use protection in Section 34 is not available if it meets three conditions: “the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment to the United States Constitution or New York Constitution.”

Read the legal memo we filed on A.B. 7904 »

Bill No. New York AB 8509
Sponsor Asm. Felix Oritz (DEM-NY)
Title To amend the penal law, in relation to prohibiting the display of pornographic magazines or materials by street vendors in cities of one million or more
Status Left pending in the Assembly Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary A.B. 8509 bars street vendors in cities of one million or more from displaying “pornographic magazines or materials.”

“Pornographic magazines or materials” is defined as magazines or materials showing acts of sexual intercourse or acts of sexual perversion. The latter term is not defined. The bill specifically exempts bona fide medical photographs or materials.

Bill No. New York SB 270
Sponsor Sen. Ruben Diaz (DEM-NY)
Title To amend the penal law, in relation to the promotion of prostitution
Status Left pending in the Senate Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary S.B. 610 would make it illegal to intentionally disseminate with the intent to harass, annoy or alarm another person, an image or images of the sexual or other intimate parts of another person without explicit consent of the other person to do so.

“Annoy,” “alarm” and “harass” are not defined. “Sexual or other intimate parts” is also not defined in the bill.

The bill does not require that the person in the image be identifiable.

The bill is identical to S.B. 5946, which Senator Boyle introduced last year.

Bill No. New York SB 610
Sponsor Sen. Phil Boyle (REP-NY)
Title To amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees
Status Passed by the Senate. Left pending in the Assembly. Carried over to 2016. Died in the Assembly.
Summary S.B. 610 would make it illegal to intentionally disseminate with the intent to harass, annoy or alarm another person, an image or images of the sexual or other intimate parts of another person without explicit consent of the other person to do so.

“Annoy,” “alarm” and “harass” are not defined. “Sexual or other intimate parts” is also not defined in the bill.

The bill does not require that the person in the image be identifiable.

The bill is identical to S.B. 5946, which Senator Boyle introduced last year.

Bill No. New York SB 4450
Sponsor Sen. Joseph Griffo (REP-NY)
Title To amend the penal law, in relation to establishing the crime of non-consensual dissemination of sexually explicit images
Status Left pending in the Senate Committee on Codes. Carried over to 2016. Died in the Senate Committee on Codes.
Summary S.B. 4450 bars the dissemination of a photographic image of another person whose intimate parts are exposed or who is engaged in sexual contact without such person’s consent, when a reasonable person would have known that the person depicted would not have consented, and under circumstances in which the person has a reasonable expectation of privacy.

“Intimate parts” is defined as genitals, pubic area, buttocks, or the nipple of an adult female.

A person who has consented to the capture or possession of an image within the context of a private or confidential relationship retains a reasonable expectation of privacy with regard to disclosure beyond that relationship.

There is no exception for newsworthiness or public interest.

Bill No. New York SB 5650
Sponsor Sen. John DeFrancisco (REP-NY)
Title To amend the civil rights law and the civil practice law and rules, in relation to the right of publicity
Status Left pending in the Senate Committee on Codes. Carried over to 2016. No action taken in 2016.
Summary S.B. 5650 creates a right of publicity in an individual’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled in New York at the time of death.

Section 34 of the bill provides an exception to the right for certain expressive uses. It protects artistic and creative works and allows books, plays, magazines, newspapers, music, film, radio, television and other media to use a living or deceased individual’s name or likeness in a ranger of fictional and non-fictional works.

This exception for non-commercial works is very similar to such exceptions that have been included in almost every recent state law granting a right of publicity. However, the expressive use protection in Section 34 is not available if it meets three conditions: “the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment to the United States Constitution or New York Constitution.”

Read the legal memo we filed on S.B. 5650 »

Ohio
Bill No. Ohio HB 151
Sponsor Rep. Marlene Anielski (REP-OH)
Title Expands crimes of menacing and telecommunications harassment
Status Signed by Gov. John Kasich on May 17, 2016.
Bill No. Ohio HB 172
Sponsor Rep. John Barnes, Jr.
Title Creates fair and accurate publishing of criminal records law
Status Passed by the House and by the Senate. Died in the Senate.
Summary Limited to websites that charge $150 or more to takedown or correct arrest information.
Bill No. Ohio SB 145
Sponsor Sen. John Eklind (REP-OH)
Title Expands the scope of menacing crimes
Status Died in the Senate Committee on Government Oversight and Reform
Bill No. Ohio SB 353
Sponsor Senator Joe Schiavoni
Title Prohibits circulating private sexual images
Status Died in the Senate Committee on Criminal Justice.
Summary S.B. 353 would bar the dissemination of an identifiable person nude or engaged in a “sexual act” if the person knew or reasonably should have known that the person in the image had not consented to the dissemination, had revoked consent to the dissemination, or consented because of physical force, the threat of physical force, duress, or coercion; and, the person obtained the image under circumstances in which a reasonable person would know or understand that the image was intended to remain private.

“Sexual act” is defined as “sexual activity,” masturbation, an act involving a bodily substance that is performed for the purpose of sexual arousal or gratification or sado-masochistic abuse. “Sexual activity” is not defined.

There is an exception if the image is part of a “news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.”

A first violation is a misdemeanor. A subsequent violation is a felony. In addition to any criminal penalty, the court may order the defendant to forfeit any income or other property obtained by disseminating the image. It can also order the forfeit of any property used to violate the law. This likely would include a website used to publish the image.

Oklahoma
Bill No. Oklahoma SB 1257
Sponsor Sen. David Holt (REP-OK)
Title Non-consensual dissemination; making certain dissemination unlawful; providing for exceptions, penalties. Effective date.
Status Signed by Gov. Mary Fallin on May 5, 2016.
Summary S.B. 1257 bars the intentional dissemination of a photographic image of another person who is identifiable from the image or information displayed in connection with the image, in which his or her “intimate parts” are visible or he or she is engaged in sexual conduct, if the image was obtained under circumstances in which a reasonable knew or understood that the image was to remain private; and knew or should have known that the person in the image had not consented to the dissemination.

“Intimate parts” is defined as the fully unclothed, partially unclothed or transparently clothed genitals, pubic area or female adult nipple.

Sexual conduct is defined as sexual intercourse including genitals, anus or oral sex.

There is an exception for the dissemination of an image when it serves a lawful purpose.

A first violation is a misdemeanor. A second and subsequent violations are punishable as a felony subject to no less than one year in prison, a fine of $25,000 or both.

Bill No. Oklahoma SB 1530
Sponsor Sen. Nathan Dahm (REP-OK)
Title Oklahoma Consumer Protection Act; adding certain violation as unlawful practice. Effective date.
Status Passed by the Senate. Died in the House Committee on Criminal Justice and Corrections.
Summary S.B. 1530 requires any website that posts arrest photos to remove a photo of any person 30 days upon written request by that person if no charges were brought, the charges were dismissed or the record was expunged.

03/18/2016: Amended to bar charging a fee to remove an arrest photo.

Bill No. Oklahoma SB 1560
Sponsor Sen. Anastasia Pittman (DEM-OK)
Title Non-consensual disclosure of private image; definitions; certain acts unlawful; penalties. Effective date.
Status Died in the Senate Committee on Judiciary.
Summary S.B. 1560 bars anyone from knowingly disseminating a photographic image of another person whose genitals, pubic area or beast, if a female, are exposed or who is engaging in sexual conduct, when the actor knows or should have known that the person depicted did not consent to such dissemination and under circumstances in which the person has a reasonable expectation of privacy.

A person who has consented to the capture or possession of an image within the context of a private or confidential relationship retains a reasonable expectation of privacy with regard to disclosure beyond that relationship.

There is an exception for images that serve a “bona fide and lawful purpose.”

A violation is punishable as a misdemeanor. However, a second or subsequent violation of this section, he or she shall be guilty of a felony punishable by no less than 1 year in prison, a fine of up to $100,000 or both.

Rhode Island
Bill No. Rhode Island H 5770
Sponsor Rep. Donald Lally (DEM-RI)
Title AN ACT RELATING TO CRIMINAL OFFENSES — ELECTRONIC IMAGING DEVICES (Prohibits a person from electronically disseminating visual images with sexually explicit content without the consent of persons in the images.)
Status Left pending in the House Committee on Judiciary. Carried over to 2016. No action taken in 2016.
Summary H.B. 5770 bars dissemination of images depicting nudity or sexual conduct if the image was captured with the consent of the person depicted, in circumstances where the person who captured the image knew or should have known that the person depicted had a reasonable expectation of privacy and the picture is disseminated without the consent of the person depicted.

Re-publishers are not liable unless they have actual knowledge that the picture was initially disseminated illegally.

There is a catchall that “constitutionally protected material” is exempted from the legislation.

Read the legal memo we filed on H.B. 5770 »

Bill No. Rhode Island H 7537
Sponsor Rep. Robert Craven (DEM-RI)
Title AN ACT RELATING TO CRIMINAL OFFENSES – ELECTRONIC IMAGING DEVICES (Prohibits a person from electronically disseminating visual imagse of another engaged in sexually explicit conduct where a reasonable person would know the image was to remain private.)
Status Vetoed by Gov. Gina Raimondo on June 20, 2016.
Summary H.B. 7537 bars the dissemination of an image of another person that contains nudity or sexual activity or sado-masochistic abuse, without the affirmative consent of the person depicted in the image, if the person received the image under circumstances in which a reasonable person would know or understand the image was to remain private.

There is a second crime that bars a “third-party recipient” from distributing such an image if the person has actual knowledge of the image violating the previous elements. There is an exception to the legislation for the dissemination of such an image if it “serves a lawful purpose” or the image “constitutes a matter of public concern.”

A violation is subject to up to one year in prison.

Read the legal memo we filed on H.B. 7537 »

Bill No. Rhode Island S 625
Sponsor Sen. Erin Lynch Prata (DEM-RI)
Title AN ACT RELATING TO CRIMINAL OFFENSES – ELECTRONIC IMAGING DEVICES (Prohibits dissemination, of visual images of another person engaged in sexually explicit conduct, without that person’s consent.)
Status Held for further study in the Senate Committee on Judiciary. Carried over to 2016. No action taken in 2016.
Summary S.B. 625 bars dissemination of images depicting nudity or sexual conduct if the image was captured with the consent of the person depicted, in circumstances where the person who captured the image knew or should have known that the person depicted had a reasonable expectation of privacy and picture is disseminated without the consent of all of the people depicted in the image.

There is a catchall that “constitutionally protected material” is exempted from the legislation.

A violation is a felony subject to 3 years in prison, a fine of $3,000 or both.

Read the legal memo we filed on S.B. 625 »

Bill No. Rhode Island S 630
Sponsor Sen. Erin Lynch Prata (DEM-RI)
Title AN ACT RELATING TO CRIMINAL OFFENSES — ELECTRONIC IMAGING DEVICES (Prohibits a person from electronically disseminating visual images of another engaged in sexually explicit conduct or the intimate parts of another, without that person’s consent and where the person had a reasonable expectation of …
Status Passed by the Senate. Left pending in the House Committee on Judiciary. Carried over to 2016. No action taken in 2016.
Summary S.B. 630 bars dissemination of images depicting nudity or sexual conduct if the image was captured with the consent of the person depicted, in circumstances where the person who captured the image knew or should have known that the person depicted had a reasonable expectation of privacy and the picture is disseminated without the consent of the person depicted.

Re-publishers are not liable unless they have actual knowledge that the picture was initially disseminated illegally under this section.

There is a catchall that “constitutionally protected material” is exempted from the legislation.

Read the legal memo we filed on S.B. 630 »

Bill No. Rhode Island S 2540
Sponsor Sen. Erin Lynch Prata (DEM-RI)
Title AN ACT RELATING TO CRIMINAL OFFENSES – ELECTRONIC IMAGING DEVICES (Prohibits a person from electronically disseminating visual images of another engaged in sexually explicit conduct where a reasonable person would know the image was to remain private.)
Status Vetoed by Gov. Gina Raimondo on June 20, 2016.
Summary S.B. 2540 bars the dissemination of an image of another person that contains nudity or sexual activity or sado-masochistic abuse, without the affirmative consent of the person depicted in the image, if the person receive the image under circumstances in which a reasonable person would know or understand the image was to remain private.

There is a second crime that bars a “third-party recipient” from distributing such an image if the person has actual knowledge of the image violating the previous elements. There is an exception to the legislation for the dissemination of such an image if it “serves a lawful purpose” or the image “constitutes a matter of public concern.”

A violation is subject to up to one year in prison.

This is identical to H.B. 7537.

Read the legal memo we filed on S.B. 2540 »

South Carolina
Bill No. South Carolina S 255
Title Destruction of booking and arrest records
Status Left pending in conference committee. Carried over to 2016. Signed by Gov. Nikki Haley on February 23, 2016.
Summary S.B. 255 requires any website to remove booking information, including arrest photos, of anyone not convicted within 30 days upon written request by that person. If the person is convicted of a lesser offense, the publisher is not required to remove the arrest information but must change any published information to reference the lesser charge only.

A violation is subject to 30 days in jail, a $500 fine or both.

The legislation also provides a cause of action against the publisher for failing to remove or change information that has been published.

Read the legal memo we filed on S.B. 255 »

Bill No. South Carolina S 913
Title Freedom of Information Act
Status Left pending in the Senate Committee on Judiciary. Carried over to 2016. Died in conference committee.
Summary S.B. 913 amends state FOIA law to allow a court to bar the release of dashcam footage under the following circumstances:

  1. Disclosing identity of informants not otherwise known;
  2. The premature release of information to be used in a prospective law enforcement action;
  3. Disclosing investigatory techniques not otherwise known outside the government;
  4. By endangering the life, health, or property of any person; or
  5. Disclosing any contents of intercepted wire, oral, or electronic communications not otherwise disclosed during a trial.
Bill No. South Carolina S 1319
Sponsor Sen. Darrell Jackson (DEM-SC)
Title Revenge Porn Act
Status Died in the Senate Committee on Judiciary.
Summary It is unlawful for a person, without consent of the person depicted, to disseminate or sell any picture, drawing, or other image, or any reproduction of a picture, drawing or other image that depicts another person in a state of sexually explicit nudity, if the person knows or has reason to know that he or she is not licensed or privileged and the person in the image suffers emotional distress or embarrassment.

“Sexually explicit nudity” is defined as:

  1. uncovered, or less than opaquely covered human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or
  2. covered human male genitals in a discernibly turgid state.
South Dakota
Bill No. South Dakota HB 1243
Sponsor Rep. Peggy Gibson (DEM-SD)
Title prohibit the unauthorized sharing of certain private images on the internet.
Status Signed by Governor on March 14, 2016.
Summary H.B. 1243 bars the electronic dissemination of a photographic image of another person without clothing or under or through the clothing of the person, or with the person depicted in a sexual manner, without their consent.

Read the legal memo we filed on H.B. 1243 »

Tennessee
Bill No. Tennessee HB 1666
Sponsor Rep. William Lamberth (REP-TN)
Title Criminal Offenses – As enacted, clarifies the offense of harassment with respect to the methods by which harassment may occur and broadens the offense to include the methods available through modern technology. – Amends TCA Section 39-17-208.
Status Signed by Gov. Bill Haslam on April 27, 2016.
Summary H.B. 1666 bars communication with a person knowing it will annoy or alarm the person if the communication is anonymous or at an inconvenient time and without legitimate purpose.

It also makes it illegal to communicate with a person or transmit or display an image without a legitimate purpose for the purpose of alarming, annoying, or embarrassing the person.

Communication is defined as a person contacts, transmits, or conveys a written or verbal thought or message to another person by means that includes any writing or in print publications; electronic means, display on or by means of any computer system; or posts to social media.

Companion to S.B. 2282.

Bill No. Tennessee HB 2299
Sponsor Rep. Carson Beck (DEM-TN)
Title Sexual Offenses – As introduced, creates a Class E felony offense for the knowing disclosure of nonconsensual pornography. – Amends TCA Title 39 and Title 40.
Status Died in the House Committee on Criminal Justice.
Summary H.B. 2299 would bar the knowing disclosure of a photographic image of a person who is identifiable from the image itself, or from information displayed in connection with the image; Whose intimate parts are exposed or who is engaged in a sexual activity; When the person disclosing the image knows or reasonably should know that the depicted person has not consented to the disclosure; and if the disclosure would offends or embarrass an ordinary person if the person knew of the disclosure.

“Intimate parts” is defined as the naked genitals, public area, anus, or post-pubescent nipple of a female.

“Sexual act” is defined to include but not be limited to masturbation, genital, anal, or oral sex, sexual penetration with an object, or the transfer or transmission of semen upon any part of a depicted person’s body.

Bill No. Tennessee SB 2282
Sponsor Sen. Sara Kyle (DEM-TN)
Title Criminal Offenses – As enacted, clarifies the offense of harassment with respect to the methods by which harassment may occur and broadens the offense to include the methods available through modern technology. – Amends TCA Section 39-17-308.
Status Signed by Gov. Bill Haslam on April 27, 2016.
Summary S.B. 2282 bars communicating with a person knowing it will annoy or alarm the person if the communication is anonymous or at an inconvenient time and without legitimate purpose.

It also makes it illegal to communicate with a person or transmit or display an image without a legitimate purpose for the purpose of alarming, annoying or embarrassing the person.

Communication is defined as a person contacts, transmits, or conveys a written or verbal thought or message to another person by means that includes any writing or in print publications; electronic means, display on or by means of any computer system; or posts to social media.

Bill No. Tennessee SB 2409
Sponsor Sen. Jeff Yarbro (DEM-TN)
Title Sexual Offenses – As introduced, creates a Class E felony offense for the knowing disclosure of nonconsensual pornography. – Amends TCA Title 39 and Title 40.
Status Died in the Senate Committee on Judiciary.
Summary S.B. 2409 would bar the knowing disclosure of a photographic image of a person who is identifiable from the image itself, or from information displayed in connection with the image; whose intimate parts are exposed or who is engaged in sexual activity; when the person disclosing the image knows or reasonably should know that the depicted person has not consented to the disclosure; and if the disclosure would offend or embarrass an ordinary person if the person knew of the disclosure.

“Intimate parts” is defined as the naked genitals, public area, anus, or post-pubescent nipple of a female.

“Sexual act” is defined to include but not be limited to masturbation, genital, anal, or oral sex, sexual penetration with an object, or the transfer or transmission of semen upon any part of a depicted person’s body.

The bill is identical to H.B. 2299.

United States
Bill No. United States HR 285
Sponsor Rep. Wagner
Title SAVE Act of 2015
Status Passed by the House. Died in the Senate.
Summary H.R. 285 would make it a crime to distribute or knowingly benefit from advertising that offers a commercial sex act. A violation is subject to up to five years in prison, a fine or both.

This would include dissemination of any material that included ads such as alternative newspapers.

Bill No. United States HR 877
Sponsor Rep. Miller
Title United States Immigration and Customs Enforcement Authorization Act
Status Died in the House Committees on Homeland Security, Ways and Means and Judiciary.
Summary H.R. 877 creates the position of director to lead the united States Immigration and Customs Enforcement. The position will be referred to as Director of United States Immigration and Customs Enforcement and will be appointed by the President, by and with the advice and consent of the Senate.

The Director is granted authority to investigate and, where appropriate, refer for prosecution any violation of federal criminal law relating to or involving customs, trade, or import or export control of “pornography” as contraband or as an aspect of sex trafficking.

Bill No. United States HR 2293
Sponsor Rep. Smith, Lamar (R-TX-21)
Title Preventing Animal Cruelty and Torture (PACT) Act
Status Died in the House Committee on Judiciary.
Summary H.R. 2293 bars the distribution of animal crush videos if they are obscene. Obscene is not defined.

There is an exception for:

  1. a customary and normal veterinary or agricultural husbandry practice;
  2. the slaughter of animals for food;
  3. hunting, trapping, fishing, predator control, or pest control;
  4. medical or scientific research; or
  5. necessary to protect the life of person or property of a person from a serious threat caused by an animal.
Bill No. United States HR 5111
Sponsor Rep. Lance, Leonard (R-NJ-7)
Title Consumer Review Fairness Act of 2016
Status Signed into law by President Barack Obama on December 14, 2016.
Summary Deems provisions in form contracts that restrict a website user from engaging in “covered communication” to be unenforceable.

“Covered communication” is defined as a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a person by an individual who is party to a form contract with respect to which such person is also a party.

Bill No. United States HR 4740
Sponsor Rep. Clark
Title Cybercrime Enforcement Training Assistance Act of 2016
Status Died in the House Committee on Judiciary.
Summary HR 4740 appropriates $20,000,000 for the Department of Justice to report annually on the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual.
Bill No. United States HR 5896
Sponsor Rep. Speier
Title Intimate Privacy Protection Act of 2016
Status Died in the House Committee on Judiciary.
Summary H.R. 5896 bars the distribution of an image of a person identifiable from the image or information posted with it if the person is nude or engaging in “sexually explicit conduct” with reckless disregard for the person’s lack of consent to the distribution.

Nudity and “sexually explicit conduct” include exposure of the naked genitals, or a nipple of a female breast and actual or simulated lascivious display of the “pubic area,” oral, anal or genital sex, bestiality, masturbation and sadistic or masochistic abuse.

There is an exception for images the disclosure of which is “in the bona fide public interest.”

There is a second exception for images of voluntary nudity in public or in a lawful commercial setting.

A violation is subject to up to 5 years in prison, a fine or both.

Bill No. United States S 572
Sponsor Sen. Kirk
Title A bill to amend title 18, United States Code, to provide a penalty for knowingly selling advertising that offers certain commercial sex acts.
Status Died in the Senate Committee on Judiciary
Summary S. 572 adds advertise to a list of actions that comprise the crime of sex trafficking. The legislation leaves vague whether it applies to placing an advertisement or publishing it.
Bill No. United States S 1831
Sponsor Sen. Toomey, Pat (R-PA)
Title PACT Act
Status Passed by the Senate. Died in the House.
Summary S. 1831 is a companion to H.R. 2293. It bars the distribution of animal crush videos if they are obscene. Obscene is not defined.

There is an exception for:

  1. a customary and normal veterinary or agricultural husbandry practice;
  2. the slaughter of animals for food;
  3. hunting, trapping, fishing, predator control, or pest control;
  4. medical or scientific research; or
  5. necessary to protect the life of person or property of a person from a serious threat caused by an animal.
Utah
Bill No. Utah HB 225
Sponsor Rep. David Lifferth (REP-UT)
Title Cybercrime Amendments
Status Passed by the House and Senate. Died in the House.
Summary H.B. 225 bars using electronic communication to electronically publish, post, or otherwise make available personal identifying information on a public site or forum with intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, frighten, or disrupt the electronic communications of another.

Personal identifying information is defined as: name; birth date; address; telephone number; drives license number; Social Security number; place of employment; employee identification numbers or other personal identification numbers; mother’s maiden name; electronic identification numbers; or, electronic signatures.

Bill No. Utah SJR 11
Sponsor Sen. Ralph Okerlund (REP-UT)
Title Joint Resolution — Potential Interim Study Items
Status Died in the Senate.
Summary S.J.R. 11 calls for the legislative management committee to study means to statutorily regulate video games with violent or sexual content.
Vermont
Bill No. Vermont HB 105
Sponsor Rep. Barbara Rachelson (DEM-VT)
Title An act relating to disclosure of sexually explicit images without consent, charging fees for removing booking photographs from the Internet, and expanding the scope of practice of Level II certified law enforcement officers
Status Signed by Gov. Peter Shumlin on June 17, 2015.
Summary H.B. 105 bars dissemination of a picture of another person either nude or engaged in sexual activity without the person’s consent and in circumstances when the person had a reasonable expectation of privacy.

It would also be a crime to disseminate an altered photo of another person to “fraudulently” portray the person as nude or engage in sexual conduct without the other person’s knowledge or consent.

There is no exception for newsworthy images.

Read the legal memo we filed on H.B. 105 »

Virginia
Bill No. Virginia HB 272
Sponsor Del. David Albo (REP-VA)
Title Illegally obtained information; receipt and publication, penalty.
Status Died in the Committee for Courts of Justice.
Summary H.B. 272 bars publication of documents, records, date (including computer data) if it is received from a person who obtained it illegally, even if the person publishing it was not involved in obtaining it illegally.
Washington
Bill No. Washington HB 1104
Sponsor Rep. Joe Schmick (REP-WA)
Title Creating the crime of interference with agricultural production.
Status Left pending in the House Committee on Public Safety. Carried over to 2016. No action taken in 2016.
Summary H.B. 1104 expands Washington’s “ag-gag” bill to apply to anyone who acts in a manner that is not considered interference with agricultural production under section 1 of the act.
Bill No. Washington HB 1624
Sponsor Rep. Tina Orwall (DEM-WA)
Title Concerning the distribution of intimate images.
Status Left pending in the House Committee on Judiciary. Carried over to 2016. No action taken in 2016.
Summary H.B. 1624 bars the dissemination of an “intimate image” without consent of the person depicted if the picture had been “entrusted” to the person and it is disseminated with an intent to cause emotional damage and the person depicted suffers emotional damage.

“Entrusted” is defined as the image was obtained under circumstances where both parties should reasonably understand that the image was to remain private.

An “intimate image” is defined as a person’s intimate apparel, nude or the touching of a person’s intimate body parts done for the purpose of “gratifying sexual desire.”

Bill No. Washington HB 1788
Sponsor Rep. Sharon Wylie (DEM-WA)
Title Creating the crime of criminal invasion of privacy via nonconsensual dissemination or disclosure of a sexual act or intimate parts.
Status Left pending in the House Committee on Public Safety. Carried over to 2016. No action taken in 2016.
Summary H.B. 1788 bars the dissemination of an image of another identifiable person either nude or engaged in sexual conduct when the person knew or should have known that the person depicted did not consent.

There is a second version of the crime deemed a criminal invasion of privacy if he or she distributes the image the same as above but obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.

There is no exception for newsworthy images but there is one for “distribution made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.”

There are criminal penalties and civil causes of action as remedies.

Bill No. Washington HB 2160
Sponsor Rep. Sharon Wylie (DEM-WA)
Title Concerning the distribution of intimate images.
Status Signed by Gov. Jay Inslee on July 9, 2015.
Summary H.B. 2160 bars distribution of an “intimate image” of another person when one intentionally distributes an image without consent if the image was “entrusted” to the person and the distribution intentionally or recklessly causes emotional harm to the person depicted.

“Entrusted” is defined as the image was obtained under circumstances where both parties should reasonably understand that the image was to remain private.

Factors for determining whether a picture was “entrusted” are:

  1. The nature of the relationship between the parties;
  2. The circumstances under which the intimate image was taken;
  3. The circumstances under which the intimate image was distributed; and
  4. Any other relevant factors.

“Intimate image” includes visual depictions of a person in intimate apparel, less than opaque clothing, touching of any person’s intimate body parts for the purpose of gratifying sexual desire.

Anyone who violates the statue would be liable to the person depicted for $10,000 or actual damages, pain and suffering, emotional distress, economic damages and lost earning, whichever is greater. The court can also impose injunctive relief.

West Virginia
Bill No. West Virginia HB 2122
Sponsor Del. George Ambler (REP-WV)
Title Making it illegal for first responders to photograph a corpse; Jonathan’s Law
Status Signed by Gov. Earl Ray Tomblin on March 16, 2016.
Summary H.B. 2122 bars capturing a photographic image of a corpse except for at funerals, wakes, memorial services or the like.

06/01/16: Amended to apply to solely to first responders.

Bill No. West Virginia HB 2821
Sponsor Smith, R.
Title Implementing a surcharged on licensed exotic entertainment facilities and adult bookstores to provide funding for rape information and prevention services and rape crisis centers
Status Died in the House Committee on Finance.
Summary 1% surcharge on adult business.
Bill No. West Virginia SB 84
Sponsor Sen. Jack Yost (DEM-WV)
Title Revising definition of “”obscene matter””
Status Died in the Senate Committee on Judiciary.
Summary S.B. 84 bar the dissemination or display to minors of depictions or descriptions of nudity or sexual conduct that is “harmful to minors.”

The bill would criminalize the dissemination or display of such content by brick and mortar retailers and theaters and by Internet.

However, there is no definition of “harmful to minors” in this bill or in existing West Virginia law.

A violation would be punishable by up to five years in prison, a fine of $25,000 or both.

Wisconsin
Bill No. Wisconsin AB 666
Sponsor Rep. Joel Kleefisch (REP-WI)
Title An Act to amend 46.07, 301.32 (1), 302.13 and 303.01 (8) (b); and to create 20.455 (2) (gj), 165.505, 303.01 (8) (c) 7r., 303.065 (5) (ck), 814.75 (7m), 814.76 (5m) and 973.0425 of the statutes; Relating to: administrative subpoena for investigating Internet crimes against children, creating an …
Status Died in the Assembly.
Summary A.B. 666 creates the designation of “Internet Crimes Against Children.” Included in the designation is Wisconsin’s crime for distribution to a minor of material harmful to minors dubbed, “Exposing a child to harmful material or harmful descriptions or narrations.” There is nothing in the law that affirmatively applies it to the Internet. The law specifically requires face to face communication to be liable under the law.

Also, the harmful to minors law is overbroad. It includes in the definition of material harmful to minors images, descriptions or verbal narration of “physical torture or brutality.”

The law allows the Attorney General greater latitude in obtaining subpoenas, seeking forfeiture of property used in committing the crime and an added surcharge for anyone convicted of an Internet crime against children.

It is the same as SB 546.

Bill No. Wisconsin SB 410
Sponsor Sen. Leah Vukmir (REP-WI)
Title An Act to amend 942.08 (1) (c), 942.08 (2) (a), 942.09 (1) (a), 942.09 (1) (c), 942.09 (2) (am) 1., 2. and 3., 942.09 (2) (bm) (intro.), 972.11 (2) (b) (intro.) and 972.11 (2) (d) 1. (intro.); and to create 942.09 (1) (ae) and 942.09 (1) (ag) of the statutes; Relating to: invasions of privacy and …
Status Died in the Senate.
Summary S.B. 410 adds audio recordings to existing unconstitutional non-consensual images law.
Bill No. Wisconsin SB 546
Sponsor Sen. Van Wanggaard (REP-WI)
Title An Act to amend 46.07, 301.32 (1), 302.13 and 303.01 (8) (b); and to create 20.455 (2) (gj), 165.505, 303.01 (8) (c) 7r., 303.065 (5) (ck), 814.75 (7m), 814.76 (5m) and 973.0425 of the statutes; Relating to: administrative subpoena for investigating Internet crimes against children, creating an …
Status Signed by Gov. Scott Walker on April 19, 2016.
Summary S.B. 546 creates the designation of “Internet Crimes Against Children.” Included in the designation is Wisconsin’s crime for distribution to a minor of material harmful to minors dubbed, “Exposing a child to harmful material or harmful descriptions or narrations.” There is nothing in the law that affirmatively applies it to the Internet. The law specifically requires face to face communication to be liable under the law.

Also, the harmful to minors law is overbroad. It includes in definition of material harmful to minors images, descriptions or verbal narration of “physical torture or brutality.”

The law allows the Attorney General greater latitude in obtaining subpoenas, seeking forfeiture of property used in committing the crime and an added surcharge for anyone convicted of an Internet crime against children.

Wyoming
Bill No. Wyoming HB 69
Sponsor Rep. Ken Esquibel (DEM-WY)
Title Unlawful dissemination of an intimate image.
Status Died in the House.
Summary H.B. 69 bars the dissemination of another person who is nude or engaged in sexual activity if that person had a reasonable expectation of privacy in the creation of the image, and that the image would remain private.

There is an exception if the publication is related to a “newsworthy event.” “Newsworthy event” is defined as matter of public interest, of public concern or related to a public figure who is closely involved in the resolution of important public questions or by reason of his or her fame shapes events in areas of concern to society.

A first violation is subject to up to one year in prison.