Arizona 2022 Regular Session

Arizona House Bill HB2106 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	House Engrossed unlawful disclosure; images; definitions State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 CHAPTER 65 HOUSE BILL 2106 An Act amending section 13-1425, Arizona Revised Statutes; relating to sexual offenses. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	House Engrossed unlawful disclosure; images; definitions State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HOUSE BILL 2106 AN ACT amending section 13-1425, Arizona Revised Statutes; relating to sexual offenses. (TEXT OF BILL BEGINS ON NEXT PAGE)
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7	9		House Engrossed unlawful disclosure; images; definitions
8	10		State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
9		-	CHAPTER 65
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16	17		unlawful disclosure; images; definitions
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24	27		State of Arizona
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44		-	HOUSE BILL 2106
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50	49		AN ACT
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54	53		amending section 13-1425, Arizona Revised Statutes; relating to sexual offenses.
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60	59		(TEXT OF BILL BEGINS ON NEXT PAGE)
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64	63		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1425, Arizona Revised Statutes, is amended to read: START_STATUTE13-1425. Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitions A. It is unlawful for a person 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 all of the following apply: 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. 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. 3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person. B. This section does not apply to any of the following: 1. The reporting of unlawful conduct. 2. Lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment. 3. Images involving voluntary exposure in a public or commercial setting. 4. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or an information service, as defined in 47 United States Code section 153, with regard to content wholly provided by another party. 5. Any disclosure that is made with the consent of the person who is depicted in the image. C. A violation of this section is a class 5 felony, except that a violation of this section is a: 1. Class 4 felony if the image is disclosed by electronic means. 2. Class 1 misdemeanor if a person threatens to disclose but does not disclose an image that if disclosed would be a violation of this section. D. For the purposes of this section: 1. "Disclose" means display, distribute, publish, advertise or offer. 2. "Disclosed by electronic means" means delivery to an e-mail email address, mobile device, tablet or other electronic device and includes disclosure on a website. 3. "Harm" means physical injury, financial injury or serious emotional distress. 4. "Image" means a photograph, videotape, film or digital recording. 5. "Reasonable expectation of privacy" means the person exhibits an actual expectation of privacy and the expectation is reasonable. 6. "Specific sexual activities" has the same meaning prescribed in section 11-811, subsection D E, paragraph 18, subdivisions (a) and (b). 7. "State of nudity" has the same meaning prescribed in section 11-811, subsection D E, paragraph 14, subdivision (a). END_STATUTE
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66	65		Be it enacted by the Legislature of the State of Arizona:
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68	67		Section 1. Section 13-1425, Arizona Revised Statutes, is amended to read:
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70	69		START_STATUTE13-1425. Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitions
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72	71		A. It is unlawful for a person 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 all of the following apply:
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74	73		1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
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76	75		2. The depicted person has a reasonable expectation of privacy. 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.
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78	77		3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.
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80	79		B. This section does not apply to any of the following:
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82	81		1. The reporting of unlawful conduct.
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84	83		2. Lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment.
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86	85		3. Images involving voluntary exposure in a public or commercial setting.
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88	87		4. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or an information service, as defined in 47 United States Code section 153, with regard to content wholly provided by another party.
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90	89		5. Any disclosure that is made with the consent of the person who is depicted in the image.
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92	91		C. A violation of this section is a class 5 felony, except that a violation of this section is a:
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94	93		1. Class 4 felony if the image is disclosed by electronic means.
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96	95		2. Class 1 misdemeanor if a person threatens to disclose but does not disclose an image that if disclosed would be a violation of this section.
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98	97		D. For the purposes of this section:
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100	99		1. "Disclose" means display, distribute, publish, advertise or offer.
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102	101		2. "Disclosed by electronic means" means delivery to an e-mail email address, mobile device, tablet or other electronic device and includes disclosure on a website.
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104	103		3. "Harm" means physical injury, financial injury or serious emotional distress.
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106	105		4. "Image" means a photograph, videotape, film or digital recording.
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108	107		5. "Reasonable expectation of privacy" means the person exhibits an actual expectation of privacy and the expectation is reasonable.
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110	109		6. "Specific sexual activities" has the same meaning prescribed in section 11-811, subsection D E, paragraph 18, subdivisions (a) and (b).
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112	111		7. "State of nudity" has the same meaning prescribed in section 11-811, subsection D E, paragraph 14, subdivision (a). END_STATUTE
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114		-	APPROVED BY THE GOVERNOR MARCH 25, 2022. FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 25, 2022.
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122		-	APPROVED BY THE GOVERNOR MARCH 25, 2022.
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126		-	FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 25, 2022.