FIRST REGULAR SESSION
SENATE BILL NO. 604
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY.
2112S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 573, RSMo, by adding thereto one new section relating to the offense of
disclosure of an intimate digital depiction, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 573, RSMo, is amended by adding thereto 1
one new section, to be known as section 573.570, to read as 2
follows:3
573.570. 1. As used in this section, the following 1
terms mean: 2
(1) "Depicted individual", an individual who, as a 3
result of digitization or by means of digital manipulation, 4
appears in whole or in part in an intimate digital depiction 5
and who is identifiable by virtue of the individual's face, 6
likeness, or other distinguishing characteristic, such as a 7
unique birthmark or other recognizable feature, or from 8
information displayed in connection with the digital 9
depiction; 10
(2) "Digital depiction", a realistic visual depiction 11
of an individual that has been created or altered using 12
digital manipulation; 13
(3) "Information content providers", any person or 14
entity that is responsible, in whole or in part, for the 15
creation or development of information provided through the 16
internet or any other interactive computer service; 17 SB 604 2
(4) "Intimate digital depi ction", a digital depiction 18
of an individual that has been created or altered using 19
digital manipulation and that depicts: 20
(a) The uncovered genitals, pubic area, anus, or 21
postpubescent female nipple of an identifiable individual; 22
(b) The display or transfer of bodily sexual fluids: 23
a. Onto any part of the body of an identifiable 24
individual; or 25
b. From the body of an identifiable individual; or 26
(c) An identifiable individual engaging in sexually 27
explicit conduct; 28
(5) "Sexually explicit conduct", actual or simulated: 29
(a) Sexual intercourse, including genital -genital, 30
oral-genital, anal-genital, or oral-anal, whether between 31
persons of the same or opposite sex; 32
(b) Bestiality; 33
(c) Masturbation; 34
(d) Sadistic or masochistic abuse; or 35
(e) Lascivious exhibition of the genitals or pubic 36
area of any person. 37
2. A person commits the offense of disclosure of an 38
intimate digital depiction if the person: 39
(1) Discloses an intimate digita l depiction: 40
(a) With the intent to harass, annoy, threaten, alarm, 41
or cause substantial harm to the finances or reputation of 42
the depicted individual; or 43
(b) With the actual knowledge that, or reckless 44
disregard for whether, such disclosure will cause physical, 45
emotional, reputational, or economic harm to the depicted 46
individual; or 47
(2) Threatens to disclose an intimate digital 48
depiction: 49 SB 604 3
(a) With the intent to harass, annoy, threaten, alarm, 50
or cause substantial harm to the finances or reputation of 51
the depicted individual; or 52
(b) With the actual knowledge that, or reckless 53
disregard for whether, such threatened disclosure will cause 54
physical, emotional, reputational, or economic harm to the 55
depicted individual. 56
3. (1) A violation of subdivision (1) of subsection 2 57
of this section shall be a class D felony. 58
(2) A violation of subdivision (2) of subsection 2 of 59
this section shall be a class E felony. 60
(3) A violation of subsection 2 of this section shall 61
be a class C felony if: 62
(a) The violation is a second or other subsequent 63
violation of subsection 2 of this section; or 64
(b) The violation is such that the digital depiction 65
could be reasonably expected to: 66
a. Affect the conduct of any administrative, 67
legislative, or judicial proceeding of a federal, state, 68
local, or tribal government agency, including the 69
administration of an election or the conduct of foreign 70
relations; or 71
b. Facilitate violence. 72
4. It shall not be a defense to an offense of 73
disclosure of an intimate digital depiction under this 74
section that there is a disclaimer stating that the intimate 75
digital depiction of the depicted individual was 76
unauthorized or that the depicted individual did not 77
participate in the creation or development of the digital 78
depiction. 79
5. For the purposes of this section, a provider of an 80
interactive computer service shall not be held to have 81 SB 604 4
committed the offense of disclosure of an intimate digital 82
depiction due to: 83
(1) Any action voluntarily taken in good faith to 84
restrict access to or availability of intimate digital 85
depictions; or 86
(2) Any action taken to enable or make available to 87
information content providers or other persons the technical 88
means to restrict access to intimate digital depictions. 89