Criminalizes the unauthorized dissemination of sexually explicit images of another person that are created by digital devices or created without the consent of the person depicted.
Impact
With the implementation of S0355, violations of the unauthorized dissemination of sexually explicit images will lead to a misdemeanor charge for first-time offenders, carrying potential penalties of up to one year of imprisonment or a fine of up to $1,000. A second or subsequent violation will elevate the offense to a felony, resulting in harsher penalties, including imprisonment for up to three years and fines reaching $3,000. Moreover, the bill includes provisions for those who engage in threats of disclosure for extortion purposes, further reinforcing protections against exploitation regarding intimate imagery.
Summary
Bill S0355, introduced in the Rhode Island General Assembly, aims to address the unauthorized dissemination of sexually explicit images created by digital devices. This act amends existing laws to impose stricter penalties on individuals who intentionally share such images without the consent of the person depicted. The bill is a significant move towards enhancing individuals' privacy rights in the digital world, especially considering the increasing prevalence of non-consensual sharing of intimate images, often referred to as 'revenge porn.'
Contention
While the bill generally seeks to protect individual privacy, there are some notable exceptions outlined in its provisions. Dissemination of images that were taken in public settings or with voluntary exposure is exempt from the penalties established by this act. Additionally, exceptions for educational, law enforcement, and public interest contexts are included, which may raise questions about how to navigate the balance between protecting privacy and allowing for necessary information dissemination. As the bill moves through the legislative process, discussions regarding the implications of these exceptions may present points of contention.
Criminalizes the unauthorized dissemination of sexually explicit images of another person that are created by digital devices or created without the consent of the person depicted.
Includes visual images that are created or manipulated by digitization, or without the consent of the person, within the purview of the crime of unauthorized dissemination of indecent material and expands jurisdiction of the crime.
Provides for enhanced penalties if a victim of unauthorized dissemination of indecent material is a minor or the offender is in a position of authority over the victim or the offense results in serious bodily injury or death of the victim.
Prohibits the distribution, transfer, or possession of any material that depicts a minor engaging in sexually explicit conduct and is obscene and lacks serious literary, artistic, political, or scientific value.
Establishes, as an affirmative defense to the crimes of circulating obscene publications or shows and selling or exhibiting obscene publications to minors, the person’s employment status as an employee of a school, museum, or library.
Establishes, as an affirmative defense to the crimes of circulating obscene publications or shows and selling or exhibiting obscene publications to minors, the person's employment status as an employee of a school, museum, or library.
Makes it a misdemeanor to harass another person by following them and using an electronic device to record their movements in any public or private place.