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2017 SESSION

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SB 1210 Unlawful creation of image of another; civil action.

Introduced by: Jennifer T. Wexton | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another. Creates a civil cause of action against an individual who knowingly and intentionally (i) creates any videographic or still image of any nonconsenting person who is nude, clad in undergarments, or in a state of undress or (ii) captures an image of a person's intimate parts or undergarments when those captured parts or undergarments would not otherwise be visible to the general public. The bill also creates a civil cause of action against an individual who maliciously disseminates or sells any videographic or still image that depicts another person who is nude or in a state of undress where such person knows that he is not licensed or authorized to disseminate or sell such videographic or still image. The bill provides that compensatory damages, punitive damages, and reasonable attorney fees and costs may be awarded.

SUMMARY AS PASSED SENATE:

Civil action for unlawful creation or dissemination of image of another. Creates a civil cause of action against an individual who knowingly and intentionally (i) creates any videographic or still image of any nonconsenting person who is nude, clad in undergarments, or in a state of undress or (ii) captures an image of a person's intimate parts or undergarments when those captured parts or undergarments would not otherwise be visible to the general public. The bill also creates a civil cause of action against an individual who maliciously disseminates or sells any videographic or still image that depicts another person who is nude or in a state of undress where such person knows that he is not licensed or authorized to disseminate or sell such videographic or still image. The bill provides that compensatory and punitive damages may be awarded.

SUMMARY AS INTRODUCED:

Civil action for unlawful creation of image of another. Creates a civil cause of action against individuals who knowingly and intentionally (i) create any videographic or still image of any nonconsenting person who is nude, clad in undergarments, or in a state of undress or (ii) capture an image of a person's intimate parts or undergarments when those captured parts or undergarments would not otherwise be visible to the general public. The bill provides that compensatory and punitive damages may be awarded.