Signed by Governor Gina Raimondo

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the sharing of explicit images without the consent of the individual in the image, commonly known as "revenge porn."

Highlights:

• Prohibits sharing sexually explicit visual images without consent of the individual depicted (Sec. 2).

• Specifies that it is a criminal offense to disseminate, publish, or sell any visual images that (Sec. 2):

• Depict another identifiable individual aged 18 or older;

• Sexually explicit conduct or exposure of an intimate body part; and

• Material that was recorded, produced, or obtained under such circumstances in which a reasonable person would understand that the image was to remain private.

• Establishes the following criminal penalties (Sec. 2):

• A first violation is a misdemeanor subject to a $1,000 fine and up to 1 year in prison; and

• A second or subsequent violation is a felony subject to a $3,000 fine and up to 3 years in prison.

• Specifies that sharing explicit images with knowledge or reckless disregard for the likelihood that the depicted individual will suffer harm, or with intent to harass, intimidate, threaten or coerce the depicted individual, is a felony subject to a $5,000 fine and up to 5 years in prison (Sec. 2).

• Defines “harm” as bodily injury, emotional distress, financial loss, or reputational injury (Sec. 1).

• Prohibits sharing a visual image that captures an identifiable individual performing a sexual or intimate act, regardless of how many other individuals are depicted or whether an intimate body part is actually exposed (Sec. 1).

• Defines “identifiable” as identifiable by any individual from the visual image or information offered in connection with the visual material (Sec. 1).

• Defines a visual image to mean any photograph, film, video, or digital image or recording, whether produced by electronic, mechanical or other means (Sec. 1).

• Exempts the following (Sec. 2):

• A visual image that involves voluntary exposure of intimate body parts or of sexually explicit conduct in a public or commercial setting, or in a place where a person does not have a reasonable expectation of privacy;

• Dissemination made in the public interest, scientific activities, or educational activities;

• Dissemination made in the course of a lawful public proceeding;

• Dissemination made for purposes of law enforcement, criminal reporting, corrections, legal proceedings, the reporting of unlawful conduct, or for medical treatment; or

• Dissemination of an image that constitutes a matter of public concern, such as a matter related to a newsworthy event or related to a public figure.

Full Bill Text