Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2106
unlawful disclosure; images; definitions
Purpose
Corrects defective references relating to the definitions of specific sexual activities and
state of nudity.
Background
It is unlawful to intentionally disclose an image of another person who is identifiable from
the image itself or from information displayed in connection with the image if: 1) the person in the
image is depicted in a state of nudity or is engaged in specific sexual activities; 2) the depicted
person has a reasonable expectation of privacy; and 3) the image is disclosed with the intent to
harm, harass, intimidate, threaten or coerce the depicted person. Evidence that a person has sent
an image to another person using an electronic device does not, on its own, remove the person's
reasonable expectation of privacy for that image. Unlawful distribution of images is classified as
a class 5 felony unless the image is disclosed by electronic means, which is classified as a class 4
felony, or a person threatens to disclose but does not disclose an image that if disclosed would be
a violation, which is classified as a class 1 misdemeanor. Specific sexual activities means human
genitals in a state of sexual stimulation or arousal or sex acts, normal or perverted, actual or
simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.
State of nudity means the appearance of a human anus, genitals or a female breast below a point
immediately above the top of the areola (A.R.S. ยงยง 11-811 and 13-1425).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Corrects defective references relating to the definitions of specific sexual activities and state
of nudity.
2. Makes a technical change.
3. Becomes effective on the general effective date.
House Action
JUD 1/26/22 DP 9-0-0-1
3
rd
Read 2/3/22 59-0-1
Prepared by Senate Research
March 1, 2022
ZD/HW/sr