Section 573.570

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

Effective - 28 Aug 2026, see footnote   

  573.570.  Disclosure of an intimate digital depiction, offense of — definitions — violation, penalties. — 1.  As used in this section, the following terms mean:

  (1)  "Depicted individual", an individual who, as a result of digitization or by means of digital manipulation, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the individual's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction;

  (2)  "Digital depiction", a realistic visual depiction of an individual that has been created or altered using digital manipulation;

  (3)  "Information content providers", any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service;

  (4)  "Intimate digital depiction", a digital depiction of an individual that has been created or altered using digital manipulation and that depicts:

  (a)  The uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual;

  (b)  The display or transfer of bodily sexual fluids:

  a.  Onto any part of the body of an identifiable individual; or

  b.  From the body of an identifiable individual; or

  (c)  An identifiable individual engaging in sexually explicit conduct;

  (5)  "Sexually explicit conduct", actual or simulated:

  (a)  Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

  (b)  Bestiality;

  (c)  Masturbation;

  (d)  Sadistic or masochistic abuse; or

  (e)  Lascivious exhibition of the genitals or pubic area of any person.

  2.  A person commits the offense of disclosure of an intimate digital depiction if the person:

  (1)  Discloses an intimate digital depiction:

  (a)  With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or

  (b)  With the actual knowledge that, or reckless disregard for whether, such disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual; or

  (2)  Threatens to disclose an intimate digital depiction:

  (a)  With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or

  (b)  With the actual knowledge that, or reckless disregard for whether, such threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual.

  3.  (1) A violation of subdivision (1) of subsection 2 of this section shall be a class D felony.

  (2)  A violation of subdivision (2) of subsection 2 of this section shall be a class E felony.

  (3)  A violation of subsection 2 of this section shall be a class C felony if:

  (a)  The violation is a second or other subsequent violation of subsection 2 of this section; or

  (b)  The violation is such that the digital depiction could be reasonably expected to:

  a.  Affect the conduct of any administrative, legislative, or judicial proceeding of a federal, state, local, or tribal government agency, including the administration of an election or the conduct of foreign relations; or

  b.  Facilitate violence.

  4.  It shall not be a defense to an offense of disclosure of an intimate digital depiction under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the digital depiction.

  5.  For the purposes of this section, a provider of an interactive computer service shall not be held to have committed the offense of disclosure of an intimate digital depiction due to:

  (1)  Any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or

  (2)  Any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions.

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(L. 2026 H.B. 2273, et al. merged with H.B. 2637 & 3155 merged with S.B. 999)

Nonseverability clause, see § 1.1008

Severability clause, see § 1.1005