§ 6-4-306 — Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability

(a) As used in this section:
(i) "Displaying sexual acts" means displaying an
image of sexual acts regardless of whether a person's intimate
parts are visible in the image;
(ii) "Disseminate" means to sell, distribute,
deliver, provide, exhibit, post on social media or otherwise
make available to a third party, but shall not include
displaying an intimate image in private to the person depicted
in the image;
(iii) "Image" means a photograph, film, videotape,
recording, digital file or any other recording, including a
computer generated image that purports to represent an
identifiable person;
(iv) "Intimate image" means an image of a person's
intimate parts or of a person engaging in sexual acts when the
person depicted is identifiable from the image itself or from
information displayed with or otherwise connected to the image;
(v) "Intimate parts" means the external genitalia,
perineum, anus or pubic area of any person or the breast of a
female person;
(vi) "Sexual acts" means sexual intercourse,
cunnilingus, fellatio, analingus, anal intercourse or any
intrusion, however slight, by any object or any part of a
person's body into the genital or anal opening of another
person's body if the intrusion can reasonably be construed as
being for the purpose of sexual arousal, gratification or abuse;
(vii) "Social media" means any electronic medium,
including an interactive computer service, telephone network or
data network, that allows users to create, share, post or view
user generated content, including but not limited to images,
videos, still photographs, blogs, video blogs, podcasts, instant
messages, electronic mail or internet website profiles.
(b) A person eighteen (18) years of age or older is guilty
of the offense of disseminating an intimate image if the person:
(i) Disseminated an intimate image of another person;
(ii) Knew or should have known that the depicted
person had a reasonable expectation that the image would remain
private and the depicted person did not expressly give consent
for the image's dissemination; and
(iii) Intended:
(A) To humiliate, harm, harass, threaten or
coerce another; or
(B) For sexual gratification or arousal of
others or of the person disseminating the intimate image.
(c) Dissemination of an intimate image is a misdemeanor
punishable by not more than one (1) year imprisonment, a fine of
not more than five thousand dollars ($5,000.00), or both.
(d) Nothing in the section shall be construed to impose
criminal liability on the provider of an interactive computer
service as defined in 47 U.S.C. § 230, an information service as
defined in 47 U.S.C. § 153 or a telecommunications service as
defined in 47 U.S.C. § 153, for content provided by another
person.