This bill proposes several updates to current statutes regarding the unlawful disclosure of images depicting individuals in states of nudity or sexual activity. Under the new provisions, if an image is a realistic pictorial representation, the depicted person does not need to have a reasonable expectation of privacy for the nonconsensual disclosure to be considered unlawful, unless the image was created or modified by the depicted person themselves. Additionally, the bill reclassifies the unlawful disclosure of such images from a class 5 felony to a class 1 misdemeanor if the image is a realistic pictorial representation, thereby reducing the penalties associated with these offenses.

The bill also introduces a definition for "realistic pictorial representation," which refers to images that are created or modified to appear as actual images of identifiable persons in states of nudity or engaged in specific sexual activities that did not occur. It clarifies that this definition excludes images made in the public interest, such as those related to scientific or educational activities, newsworthy events, or issues of public concern. Furthermore, the bill modifies the definition of "image" to include realistic pictorial representations, ensuring that the legal framework addresses contemporary issues surrounding digital and manipulated imagery.

Statutes affected:
Introduced Version: 13-1425
Senate Engrossed Version: 13-1425
House Engrossed Version: 13-1425
Chaptered Version: 13-1425