REVENGE PORN LAWS

ARIZONA’S REVENGE PORN LAW

PUNISHMENT FOR REVENGE PORN

Revenge Porn is a Class Five Felony, however, the Statute provides that it is a Class 4 Felony if the image is sent via electronic means, which is the most common method of sending images. Class 4 Felonies are normally punishable up to 3.75 years in prison. It is a Class 1 Misdemeanor to simply threaten to send or disclose Revenge Porn, even if no images were ever sent to anyone.

DISCLOSURE BY ELECTRONIC MEANS

“Disclose By Electronic Means” includes sending or posting images via e- mail, mobile device, tablet, electronic device or website.

ARIZONA’S REVENGE PORN STATUTE

The crime of “Revenge Porn” is to send images of another person in the state of nudity or other sexual act with the intent to harm, harass, intimidate, threaten or coerce. The person in the image must have had a reasonable expectation of privacy that the images were private.

13-1425. Unlawful distribution of images depicting states of nudity or specific sexual activities; 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 in 47 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.

For further information, or questions about Revenge Porn Laws, please contact Adams & Associates, PLC at 480 219 1366, or E-mail Ashley at aadams@azwhitecollarcrime.com.