| 45 | 46 | | |
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| 46 | 47 | | |
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| 47 | 48 | | |
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| 48 | 49 | | An Act |
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| 49 | 50 | | |
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| 50 | 51 | | |
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| 51 | 52 | | |
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| 52 | 53 | | amending title 12, chapter 6, Arizona Revised Statutes, by adding article 14; RELATING to proceedings brought by individual persons. |
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| 57 | 58 | | |
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| 58 | 59 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 60 | 61 | | |
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| 61 | 62 | | |
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| 62 | 63 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 14, to read: ARTICLE 14. UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES START_STATUTE12-741. Unauthorized disclosure of intimate images; civil action; exceptions; confidential information form; remedies; statute of limitation; definitions A. A person is liable in a civil action for intentionally disclosing or threatening to disclose an intimate image of another individual if the depicted individual suffers harm from the disclosure or threatened disclosure and the person knew or should have known all of the following: 1. The depicted individual did not consent to the disclosure. 2. The intimate image was private. 3. The depicted individual was identifiable from the image itself or from information that is displayed in connection with the image. B. Evidence that the depicted individual consented to the creation of the image or that the depicted individual previously consented to the disclosure of the image does not by itself establish that the depicted individual consented to the disclosure of the intimate image or that the depicted individual lacked a reasonable expectation of privacy. C. A depicted individual who does not consent to the specific sexual activities or state of nudity depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the depicted individual was in a public place. D. Notwithstanding subsection A of this section, A person is not liable under this section if the person proves that disclosing or threatening to disclose the intimate image was any of the following: 1. Made in good faith in any of the following: (a) Law enforcement. (b) A legal proceeding. (c) Medical education or treatment. 2. Made in good faith in reporting or investigating any of the following: (a) Unlawful conduct. (b) Unsolicited and unwelcome conduct. 3. Related to a matter of public concern or public interest. 4. Reasonably intended to assist the depicted individual. 5. Made by a parent, legal guardian or individual with legal custody of a child and the depicted individual is the child unless the image is disclosed with the intent to harm the depicted individual. E. Subsection D of this section does not apply if the plaintiff proves the disclosure was Prohibited by law or Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation or monetary or commercial gain. F. Disclosing or threatening to disclose an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure. G. If the plaintiff files with the court and serves on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics, the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. The court may make further orders as necessary to protect the identity and privacy of a plaintiff. H. The prevailing plaintiff may recover: 1. The greater of: (a) Economic and noneconomic damages that are proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages. (b) Statutory damages of not more than $10,000 against each defendant found liable under this section for all of the defendant's disclosures and threatened disclosures that the plaintiff knew or reasonably should have known when filing the action or that became known during the pendency of the action. In determining the amount of statutory damages under this subdivision, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant and other exacerbating or mitigating factors. 2. An amount equal to any monetary gain made by the defendant from disclosing or threatening to disclose the intimate image. 3. Punitive damages. 4. Reasonable attorney fees and costs. 5. Additional relief, including injunctive relief. I. A civil action for an unauthorized disclosure may not be brought later than four years after the date that the disclosure was discovered or should have been discovered with the exercise of reasonable diligence except that a threat to disclose may not be brought later than four years after the date of the threat to disclose. J. In a civil action brought by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection I of this section does not begin to run until the depicted individual attains the age of majority. K. For the purposes of this section: 1. "Consent" means affirmative, conscious and voluntary authorization by an individual with legal capacity to give authorization. 2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. 3. "Disclose" or "Disclosure" means to display, distribute, publish, advertise or offer. 4. "Harm" includes physical harm, economic harm and emotional distress whether or not accompanied by physical or economic harm. 5. "Intimate image" means a photograph, film, videotape, digital recording or other similar medium that shows a state of nudity or specific sexual activities. 6. "Private" means either of the following: (a) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy. (b) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism or exceeding authorized access to an account, message, file, device, resource or property. 7. "Specific sexual activities" has the same meaning prescribed in section 11-811. 8. "State of nudity" has the same meaning prescribed in section 11-811, subsection E, PARAGRAPH 14, subdivision (a). END_STATUTE |
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| 63 | 64 | | |
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| 64 | 65 | | Be it enacted by the Legislature of the State of Arizona: |
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| 65 | 66 | | |
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| 66 | 67 | | Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 14, to read: |
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| 67 | 68 | | |
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| 68 | 69 | | ARTICLE 14. UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES |
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| 69 | 70 | | |
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| 70 | 71 | | START_STATUTE12-741. Unauthorized disclosure of intimate images; civil action; exceptions; confidential information form; remedies; statute of limitation; definitions |
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| 71 | 72 | | |
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| 72 | 73 | | A. A person is liable in a civil action for intentionally disclosing or threatening to disclose an intimate image of another individual if the depicted individual suffers harm from the disclosure or threatened disclosure and the person knew or should have known all of the following: |
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| 73 | 74 | | |
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| 74 | 75 | | 1. The depicted individual did not consent to the disclosure. |
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| 75 | 76 | | |
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| 76 | 77 | | 2. The intimate image was private. |
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| 77 | 78 | | |
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| 78 | 79 | | 3. The depicted individual was identifiable from the image itself or from information that is displayed in connection with the image. |
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| 79 | 80 | | |
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| 80 | 81 | | B. Evidence that the depicted individual consented to the creation of the image or that the depicted individual previously consented to the disclosure of the image does not by itself establish that the depicted individual consented to the disclosure of the intimate image or that the depicted individual lacked a reasonable expectation of privacy. |
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| 81 | 82 | | |
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| 82 | 83 | | C. A depicted individual who does not consent to the specific sexual activities or state of nudity depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the depicted individual was in a public place. |
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| 83 | 84 | | |
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| 84 | 85 | | D. Notwithstanding subsection A of this section, A person is not liable under this section if the person proves that disclosing or threatening to disclose the intimate image was any of the following: |
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| 85 | 86 | | |
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| 86 | 87 | | 1. Made in good faith in any of the following: |
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| 87 | 88 | | |
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| 88 | 89 | | (a) Law enforcement. |
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| 89 | 90 | | |
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| 90 | 91 | | (b) A legal proceeding. |
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| 91 | 92 | | |
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| 92 | 93 | | (c) Medical education or treatment. |
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| 93 | 94 | | |
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| 94 | 95 | | 2. Made in good faith in reporting or investigating any of the following: |
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| 95 | 96 | | |
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| 96 | 97 | | (a) Unlawful conduct. |
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| 97 | 98 | | |
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| 98 | 99 | | (b) Unsolicited and unwelcome conduct. |
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| 99 | 100 | | |
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| 100 | 101 | | 3. Related to a matter of public concern or public interest. |
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| 101 | 102 | | |
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| 102 | 103 | | 4. Reasonably intended to assist the depicted individual. |
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| 103 | 104 | | |
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| 104 | 105 | | 5. Made by a parent, legal guardian or individual with legal custody of a child and the depicted individual is the child unless the image is disclosed with the intent to harm the depicted individual. |
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| 105 | 106 | | |
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| 106 | 107 | | E. Subsection D of this section does not apply if the plaintiff proves the disclosure was Prohibited by law or Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation or monetary or commercial gain. |
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| 107 | 108 | | |
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| 108 | 109 | | F. Disclosing or threatening to disclose an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure. |
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| 109 | 110 | | |
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| 110 | 111 | | G. If the plaintiff files with the court and serves on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics, the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. The court may make further orders as necessary to protect the identity and privacy of a plaintiff. |
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| 111 | 112 | | |
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| 112 | 113 | | H. The prevailing plaintiff may recover: |
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| 113 | 114 | | |
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| 114 | 115 | | 1. The greater of: |
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| 115 | 116 | | |
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| 116 | 117 | | (a) Economic and noneconomic damages that are proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages. |
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| 117 | 118 | | |
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| 118 | 119 | | (b) Statutory damages of not more than $10,000 against each defendant found liable under this section for all of the defendant's disclosures and threatened disclosures that the plaintiff knew or reasonably should have known when filing the action or that became known during the pendency of the action. In determining the amount of statutory damages under this subdivision, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant and other exacerbating or mitigating factors. |
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| 119 | 120 | | |
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| 120 | 121 | | 2. An amount equal to any monetary gain made by the defendant from disclosing or threatening to disclose the intimate image. |
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| 121 | 122 | | |
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| 122 | 123 | | 3. Punitive damages. |
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| 123 | 124 | | |
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| 124 | 125 | | 4. Reasonable attorney fees and costs. |
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| 125 | 126 | | |
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| 126 | 127 | | 5. Additional relief, including injunctive relief. |
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| 127 | 128 | | |
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| 128 | 129 | | I. A civil action for an unauthorized disclosure may not be brought later than four years after the date that the disclosure was discovered or should have been discovered with the exercise of reasonable diligence except that a threat to disclose may not be brought later than four years after the date of the threat to disclose. |
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| 129 | 130 | | |
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| 130 | 131 | | J. In a civil action brought by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection I of this section does not begin to run until the depicted individual attains the age of majority. |
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| 131 | 132 | | |
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| 132 | 133 | | K. For the purposes of this section: |
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| 133 | 134 | | |
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| 134 | 135 | | 1. "Consent" means affirmative, conscious and voluntary authorization by an individual with legal capacity to give authorization. |
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| 135 | 136 | | |
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| 136 | 137 | | 2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. |
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| 137 | 138 | | |
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| 138 | 139 | | 3. "Disclose" or "Disclosure" means to display, distribute, publish, advertise or offer. |
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| 139 | 140 | | |
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| 140 | 141 | | 4. "Harm" includes physical harm, economic harm and emotional distress whether or not accompanied by physical or economic harm. |
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| 141 | 142 | | |
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| 142 | 143 | | 5. "Intimate image" means a photograph, film, videotape, digital recording or other similar medium that shows a state of nudity or specific sexual activities. |
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| 143 | 144 | | |
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| 144 | 145 | | 6. "Private" means either of the following: |
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| 145 | 146 | | |
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| 146 | 147 | | (a) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy. |
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| 147 | 148 | | |
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| 148 | 149 | | (b) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism or exceeding authorized access to an account, message, file, device, resource or property. |
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| 149 | 150 | | |
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| 150 | 151 | | 7. "Specific sexual activities" has the same meaning prescribed in section 11-811. |
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| 151 | 152 | | |
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| 152 | 153 | | 8. "State of nudity" has the same meaning prescribed in section 11-811, subsection E, PARAGRAPH 14, subdivision (a). END_STATUTE |
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