HB 161 — Crimes & offenses, prohibits a person from creating a private image without consent

HB161 ENGROSSEDENROLLED HB161 Q6IQ551-2Q6IQ551-3 By Representatives Moore (P), Woods, Butler, Bedsole RFD:

14-Feb-24 Page 0 HB161 EngrossedEnrolled 2Enrolled, 4An 6Act, A BILL TO BE ENTITLED AN ACT Related to crimes and offenses;

"§13A-6-240 (a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the Page 1 HB161 Engrossed depicted person individual has not consented to the transmission and the depicted person individual had a reasonable expectation of privacy against transmission of the private image.

(2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted Page 1 HB161 Enrolled individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image.

(c)(1) For purposes of this section, a "reasonable expectation of privacy" includes, but is not limited to, Page 2 HB161 Engrossed either of the following circumstances:

(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily Page 2 HB161 Enrolled in a public or commercial setting.

(g) No Internet service provider, search engine, cloud service provider, or affiliate or subsidiary of any of the same, shall be held to have violated this section solely for Page 3 HB161 Engrossed providing access or connection to or from a website, other information or content on the Internet, or a facility, system, or network not under the control of the provider, including, but not limited to, the transmission, download, or intermediate storage of content that is a private image."image. Section 2.

(h) No developer or provider of technology shall be held to have violated this section solely for providing or developing technology used by another person to violate this Page 3 HB161 Enrolled section." Section 2.

Page 4 HB161 EngrossedEnrolled 95 97 99 House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................14-Feb-24Officer toof the Senate House of Representatives committeeI onhereby Judiciarycertify Readthat for the secondwithin timeAct originated in and placedwas ................21-Feb-24passed onby the calendar:House 22-Feb-24.

2John amendmentsTreadwell ReadClerk forSenate the11-Apr-24 thirdAmended time and passedPassed ................22-Feb-24House as16-Apr-24 amendedConcurred Yeasin 97Senate NaysAmendment 0 Abstains 2 John Treadwell Clerk Page 5