SB 367

Under current law, no one may photograph, videotape, or otherwise capture an

image of a nude or partially nude person (depicted person) without the depicted

person's knowledge and consent. A person who does so, or who possesses, reproduces,

or distributes the image with the knowledge that the image was captured without

the depicted person's knowledge or consent, is generally guilty of a Class I felony, and

may be fined up to $10,000, imprisoned for up to three years and six months, or both.

Under this bill, no one may reproduce, distribute, exhibit, publish, transmit, or

otherwise disseminate (distribute) an image of a person who is nude or partially nude

or who is engaging in sexually explicit behavior without the consent of the person,

regardless of whether the depicted person consented to the capture of the image. A

person who does so is guilty of a Class A misdemeanor and may be fined up to

$10,000, imprisoned for up to nine months, or both.

Under the bill, the prohibition does not apply if the person depicted consented

to the distribution for commercial purposes. The bill creates exceptions for parents

or legal guardians who distribute otherwise legal representations of their minor

children for noncommercial purposes, for law enforcement officers acting in their

official capacity, and for persons who distribute the representations for the purpose

of reporting or assisting with the investigation of a crime.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.