§ 30-37A-1 — Unauthorized distribution of sensitive images; penalties

New Mexico § 30-37A-1

• Jurisdiction: New Mexico
• Ch. 30: Criminal Offenses
• Art. 37A: Unauthorized Distribution of Sensitive Images

Text

A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent: (1) with the intent to: (a) harass, humiliate or intimidate that person; (b) incite another to harass, humiliate or intimidate that person; (c) cause that person to reasonably fear for that person's own or family members' safety; (d) cause that person to suffer unwanted physical contact or injury; or (e) cause that person to suffer substantial emotional distress; and (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress. B. For the purpose of this section: (1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal; (2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information; (3) "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users; (4) "intimate act" has the same meaning as "sexual act", as that term is defined in Section 30-9-2 NMSA 1978; (5) "sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and (6) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978. C. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony. D. Nothing in this section shall be construed to impose liability on: (1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.

Legislative History

Laws 2015, ch. 42, § 1.