Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           H.744
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                                         H.744
 Introduced by Representatives Rachelson of Burlington, Chapin of East
                  Montpelier, and Headrick of Burlington
 Referred to Committee on
 Date:
 Subject: Crimes and criminal procedure; lewdness; disclosure of sexually
             explicit images without consent
 Statement of purpose of bill as introduced: This bill proposes to eliminate the
 intent to harm requirement from the criminal offense of disclosure of sexually
 explicit images without consent.
    An act relating to disclosure of sexually explicit images without consent
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 13 V.S.A. § 2606 is amended to read;
 § 2606. DISCLOSURE OF SEXUALLY EXPLICIT IMAGES WITHOUT
             CONSENT
    (a) As used in this section:
         (1) “Disclose” includes transfer, publish, distribute, exhibit, or
 reproduce.
         (2) “Harm” means physical injury, financial injury, or serious emotional
 distress.
                                                                          VT LEG #373330 v.1
     BILL AS INTRODUCED                                                        H.744
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        (3) “Nude” means any one or more of the following uncovered parts of
 the human body:
               (A) genitals;
               (B) pubic area;
               (C) anus; or
               (D) post-pubescent female nipple.
        (4) “Sexual conduct” shall have the same meaning as in section 2821 of
 this title.
        (5) “Visual image” includes a photograph, film, videotape, recording, or
 digital reproduction.
    (b)(1) A person violates this section if he or she the person knowingly
 discloses a visual image of an identifiable person who is nude or who is
 engaged in sexual conduct, without his or her the person’s consent, with the
 intent to harm, harass, intimidate, threaten, or coerce the person depicted, and
 the disclosure would cause a reasonable person to suffer harm. A person may
 be identifiable from the image itself or information offered in connection with
 the image. Consent to recording of the visual image does not, by itself,
 constitute consent for disclosure of the image. A person who violates this
 subdivision (1) shall be imprisoned not more than two years or fined not more
 than $2,000.00, or both.
                                                                       VT LEG #373330 v.1
     BILL AS INTRODUCED                                                         H.744
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       (2) A person who violates subdivision (1) of this subsection with the
 intent of disclosing the image for financial profit shall be imprisoned not more
 than five years or fined not more than $10,000.00, or both.
    (c) A person who maintains an Internet internet website, online service,
 online application, or mobile application that contains a visual image of an
 identifiable person who is nude or who is engaged in sexual conduct shall not
 solicit or accept a fee or other consideration to remove, delete, correct, modify,
 or refrain from posting or disclosing the visual image if requested by the
 depicted person.
    (d) This section shall not apply to:
       (1) Images involving voluntary nudity or sexual conduct in public or
 commercial settings or in a place where a person does not have a reasonable
 expectation of privacy.
       (2) Disclosures made in the public interest, including the reporting of
 unlawful conduct, or lawful and common practices of law enforcement,
 criminal reporting, corrections, legal proceedings, or medical treatment.
       (3) Disclosures of materials that constitute a matter of public concern.
       (4) Interactive computer services, as defined in 47 U.S.C. § 230(f)(2), or
 information services or telecommunications services, as defined in 47 U.S.C.
 § 153, for content solely provided by another person. This subdivision shall
 not preclude other remedies available at law.
                                                                        VT LEG #373330 v.1
     BILL AS INTRODUCED                                                         H.744
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    (e)(1) A plaintiff shall have a private cause of action against a defendant
 who knowingly discloses, without the plaintiff’s consent, an identifiable visual
 image of the plaintiff while he or she the plaintiff is nude or engaged in sexual
 conduct and the disclosure causes the plaintiff harm.
       (2) In addition to any other relief available at law, the court may order
 equitable relief, including a temporary restraining order, a preliminary
 injunction, or a permanent injunction ordering the defendant to cease display
 or disclosure of the image. The court may grant injunctive relief maintaining
 the confidentiality of a plaintiff using a pseudonym.
 Sec. 2. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
                                                                        VT LEG #373330 v.1
Statutes affected: 
As Introduced: 13-2606