Missouri 2025 Regular Session

Missouri Senate Bill SB604 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 604
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MCCREERY.
6	6	2112S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 573, RSMo, by adding thereto one new section relating to the offense of
9	9	disclosure of an intimate digital depiction, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 573, RSMo, is amended by adding thereto 1
13	13	one new section, to be known as section 573.570, to read as 2
14	14	follows:3
15	15	573.570. 1. As used in this section, the following 1
16	16	terms mean: 2
17	17	(1) "Depicted individual", an individual who, as a 3
18	18	result of digitization or by means of digital manipulation, 4
19	19	appears in whole or in part in an intimate digital depiction 5
20	20	and who is identifiable by virtue of the individual's face, 6
21	21	likeness, or other distinguishing characteristic, such as a 7
22	22	unique birthmark or other recognizable feature, or from 8
23	23	information displayed in connection with the digital 9
24	24	depiction; 10
25	25	(2) "Digital depiction", a realistic visual depiction 11
26	26	of an individual that has been created or altered using 12
27	27	digital manipulation; 13
28	28	(3) "Information content providers", any person or 14
29	29	entity that is responsible, in whole or in part, for the 15
30	30	creation or development of information provided through the 16
31	31	internet or any other interactive computer service; 17 SB 604 2
32	32	(4) "Intimate digital depi ction", a digital depiction 18
33	33	of an individual that has been created or altered using 19
34	34	digital manipulation and that depicts: 20
35	35	(a) The uncovered genitals, pubic area, anus, or 21
36	36	postpubescent female nipple of an identifiable individual; 22
37	37	(b) The display or transfer of bodily sexual fluids: 23
38	38	a. Onto any part of the body of an identifiable 24
39	39	individual; or 25
40	40	b. From the body of an identifiable individual; or 26
41	41	(c) An identifiable individual engaging in sexually 27
42	42	explicit conduct; 28
43	43	(5) "Sexually explicit conduct", actual or simulated: 29
44	44	(a) Sexual intercourse, including genital -genital, 30
45	45	oral-genital, anal-genital, or oral-anal, whether between 31
46	46	persons of the same or opposite sex; 32
47	47	(b) Bestiality; 33
48	48	(c) Masturbation; 34
49	49	(d) Sadistic or masochistic abuse; or 35
50	50	(e) Lascivious exhibition of the genitals or pubic 36
51	51	area of any person. 37
52	52	2. A person commits the offense of disclosure of an 38
53	53	intimate digital depiction if the person: 39
54	54	(1) Discloses an intimate digita l depiction: 40
55	55	(a) With the intent to harass, annoy, threaten, alarm, 41
56	56	or cause substantial harm to the finances or reputation of 42
57	57	the depicted individual; or 43
58	58	(b) With the actual knowledge that, or reckless 44
59	59	disregard for whether, such disclosure will cause physical, 45
60	60	emotional, reputational, or economic harm to the depicted 46
61	61	individual; or 47
62	62	(2) Threatens to disclose an intimate digital 48
63	63	depiction: 49 SB 604 3
64	64	(a) With the intent to harass, annoy, threaten, alarm, 50
65	65	or cause substantial harm to the finances or reputation of 51
66	66	the depicted individual; or 52
67	67	(b) With the actual knowledge that, or reckless 53
68	68	disregard for whether, such threatened disclosure will cause 54
69	69	physical, emotional, reputational, or economic harm to the 55
70	70	depicted individual. 56
71	71	3. (1) A violation of subdivision (1) of subsection 2 57
72	72	of this section shall be a class D felony. 58
73	73	(2) A violation of subdivision (2) of subsection 2 of 59
74	74	this section shall be a class E felony. 60
75	75	(3) A violation of subsection 2 of this section shall 61
76	76	be a class C felony if: 62
77	77	(a) The violation is a second or other subsequent 63
78	78	violation of subsection 2 of this section; or 64
79	79	(b) The violation is such that the digital depiction 65
80	80	could be reasonably expected to: 66
81	81	a. Affect the conduct of any administrative, 67
82	82	legislative, or judicial proceeding of a federal, state, 68
83	83	local, or tribal government agency, including the 69
84	84	administration of an election or the conduct of foreign 70
85	85	relations; or 71
86	86	b. Facilitate violence. 72
87	87	4. It shall not be a defense to an offense of 73
88	88	disclosure of an intimate digital depiction under this 74
89	89	section that there is a disclaimer stating that the intimate 75
90	90	digital depiction of the depicted individual was 76
91	91	unauthorized or that the depicted individual did not 77
92	92	participate in the creation or development of the digital 78
93	93	depiction. 79
94	94	5. For the purposes of this section, a provider of an 80
95	95	interactive computer service shall not be held to have 81 SB 604 4
96	96	committed the offense of disclosure of an intimate digital 82
97	97	depiction due to: 83
98	98	(1) Any action voluntarily taken in good faith to 84
99	99	restrict access to or availability of intimate digital 85
100	100	depictions; or 86
101	101	(2) Any action taken to enable or make available to 87
102	102	information content providers or other persons the technical 88
103	103	means to restrict access to intimate digital depictions. 89
104	104	