FIFTY STATE LAWS

FLORIDA


__________________________________________________________________________ 784.049 SEXUAL CYBERHARASSMENT (1) The Legislature finds that: (a) A person depicted in a sexually explicit image taken with the person’s consent has a reasonable expectation that the image will remain private. (b) It is becoming a common practice for persons to publish a sexually explicit image of another to Internet websites without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. (c) When such images are published on Internet websites, they are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared. (d) The publication of such images on Internet websites creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct. (e) The existence of such images on Internet websites causes those depicted in such images significant psychological harm. (f) Safeguarding the psychological well-being of persons depicted in such images is compelling. (2) As used in this section, the term: (a) “Image” includes, but is not limited to, any photograph, picture, motion picture, film, video, or representation. (b) “Personal identification information” has the same meaning as provided in s. 817.568. (c) “Sexually cyberharass” means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. (d) “Sexually explicit image” means any image depicting nudity, as defined in s. 847.001, or depicting a person engaging in sexual conduct, as defined in s. 847.001. (3)(a) Except as provided in paragraph (b), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)(a) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section. (b) Upon proper affidavits being made, a search warrant may be issued to further investigate violations of this section, including warrants issued to search a private dwelling. (5) An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following: (a) Injunctive relief. (b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of this section, whichever is greater. (c) Reasonable attorney fees and costs. (6) The criminal and civil penalties of this section do not apply to: (a) A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11, that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person; or (b) A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that publishes a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer, or law enforcement agency. (7) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs within this state.




ALASKA


__________________________________________________________________________ Sec. 11.61.120. HARASSMENT IN THE SECOND DEGREE (a) A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person (1) insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response; (2) telephones another and fails to terminate the connection with intent to impair the ability of that person to place or receive telephone calls; (3) makes repeated telephone calls at extremely inconvenient hours; (4) makes an anonymous or obscene telephone call, an obscene electronic communication, or a telephone call or electronic communication that threatens physical injury or sexual contact; (5) subjects another person to offensive physical contact; (6) except as provided in AS 11.61.116, publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act; or (7) repeatedly sends or publishes an electronic communication that insults, taunts, challenges, or intimidates a person under 18 years of age in a manner that places the person in reasonable fear of physical injury. (b) Harassment in the second degree is a class B misdemeanor.




ALABAMA


Section 13A-6-240 Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted (a) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image.
(b) For purposes of this section, private image means a photograph, digital image, video, film, or other recording of a person who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sadomasochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, as defined in Section 13A-12-190, genital nudity, or other sexual conduct. The term includes a recording that has been edited, altered, or otherwise manipulated from its original form.
(c)(1) For purposes of this section, a reasonable expectation of privacy includes, but is not limited to, either of the following circumstances:
a. The person depicted in the private image created it or consented to its creation believing that it would remain confidential.
b. The sexual conduct depicted in the image was involuntary.
(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public or commercial setting.
(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.
(e) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.




ARIZONA


§ 13-1425. Unlawful distribution of images; state of nudity; 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 in47 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 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, paragraph 18, subdivisions (a) and(b). 7. “State of nudity” has the same meaning prescribed in section 11-811, subsection D, paragraph 14, subdivision (a).




ARKANSAS


5-14-113. Sexual extortion (a) A person commits the offense of sexual extortion if: (1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; (2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or (3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicitly conduct by communicating a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity. (b) Sexual extortion is a Class B felony.




California


647. Disorderly conduct Except as provided in paragraph (5) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (4)(A) A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. (B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image. (C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing. (D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: (i) The distribution is made in the course of reporting an unlawful activity. (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. (iii) The distribution is made in the course of a lawful public proceeding. (5) This subdivision does not preclude punishment under any section of law providing for greater punishment. (k) In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment. (l)(1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (m)(1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.




Colorado


§ 18-7-107. Posting a private image for harassment--definitions
(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:(I) With the intent to harass, intimidate, or coerce the depicted person;(II)(A) Without the depicted person’s consent; or(B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and(III) The conduct results in serious emotional distress of the depicted person.(b) Posting a private image for harassment is a class 1 misdemeanor.(c) Notwithstanding the provisions of section 18-1.3-501(1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.(2) Repealed by Laws 2018, Ch. 192, § 1, eff. July 1, 2018.(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.(4)(a) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section may bring a civil action against the person who caused the posting of the private images and is entitled to injunctive relief, the greater of ten thousand dollars or actual damages incurred as a result of the posting of the private images, exemplary damages, and reasonable attorney fees and costs.(b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person.(6) For purposes of this section, unless the context otherwise requires:(a) “Displaying sexual acts” means any display of sexual acts even if the private intimate parts are not visible in the image.(b) “Image” means a photograph, film, videotape, recording, digital file, or other reproduction.(c) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.(d) “Sexual acts” means sexual intrusion or sexual penetration as defined by section 18-3-401.(e) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.§ 18-7-108. Posting a private image for pecuniary gain--definitions Updated: November 8, 2018(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:(I) With the intent to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and(II)(A) When the actor has not obtained the depicted person’s consent; or (B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private.(b) Posting a private image for pecuniary gain is a class 1 misdemeanor.(c) Notwithstanding the provisions of section 18-1.3-501(1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.(2) Repealed by Laws 2018, Ch. 192, § 2, eff. July 1, 2018.(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.(4)(a) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section may bring a civil action against the person who caused the posting of the private images and is entitled to injunctive relief, the greater of ten thousand dollars or actual damages incurred as a result of the posting of the private images, exemplary damages, and reasonable attorney fees and costs.(b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person.(6) For purposes of this section, unless the context otherwise requires:(a) “Displaying sexual acts” means any display of sexual acts even if the private intimate parts are not visible in the image.(b) “Image” means a photograph, film, videotape, recording, digital file, or other reproduction.(c) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.(d) “Sexual acts” means sexual intrusion or sexual penetration as defined by section 18-3-401.(e) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.




Connecticut





Delaware





Georgia





Hawaii





Idaho





Illinois





Indiana





Iowa





Kansas





Kentucky





Louisiana





Maine





Maryland





Massachusetts





Michigan





Minnesota





Mississippi





Missouri





Montana





Nebraska





Nevada





New Hampshire





New Jersey





New Mexico





New York





North Carolina





North Dakota





Ohio





Oklahoma





Oregon





Pennsylvania





Rhode Island





South Carolina





South Dakota





Tennessee





Texas





Utah





Vermont





Virginia





Washington





West Virginia





Wisconsin





Wyoming