Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety Committee |
HB 1788
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Creating the crime of criminal invasion of privacy via nonconsensual dissemination or disclosure of a sexual act or intimate parts.
Sponsors: Representatives Wylie, Holy, Ryu, Carlyle, Jinkins, Pollet, Moscoso, Appleton, Vick, Sawyer, Tarleton, Orwall, Ormsby, Farrell and Riccelli.
Brief Summary of Bill |
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Hearing Date: 2/13/15
Staff: Cassie Jones (786-7303).
Background:
"Revenge porn" is the phrase commonly used to describe sexually explicit media that is publicly shared without the consent of the pictured individual. "Revenge porn" may be distributed by ex-partners with an intention to shame or embarrass the individual in the image, or by hackers. Thirteen states have enacted laws which specifically target "revenge porn."
A class C felony is punishable by up to five years in prison and a $10,000 fine.
Summary of Bill:
Criminal Penalty.
A person commits criminal invasion of privacy via nonconsensual disclosure or dissemination of a sex act or intimate parts when the person:
knowingly discloses or disseminates an image of another person;
the person in the image is identifiable from the image itself or information displayed in connection with the image and the person is engaged in a sexual act or whose intimate parts are exposed;
the person disclosing the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and
the person disclosing the image knows or should have known that the depicted person has not consented to the disclosure or dissemination.
Criminal invasion of privacy via nonconsensual disclosure of a sexual act or intimate parts is a class C felony.
The following entities are not liable as a result of content provided by another person:
an interactive computer service;
a provider of public or private mobile service; or
a telecommunications network or broadband provider.
Civil Cause of Action.
A private right of action is created against a person who:
knowingly distributes by means of a photograph, film, videotape, recording, or other reproduction of another without the other's consent;
knew that the other person had a reasonable expectation that the material would remain private;
the distributed material exposes an intimate part of the other person or shows the other person engaging in a sexual act; and
the other person suffers general or special damages.
There is no liability for persons disclosing material in these circumstances:
images involving voluntary exposure in public or commercial settings; or
disclosure made in the public interest.
The following remedies are available in the civil action:
equitable relief, including a temporary restraining order or preliminary injunction;
actual damages; and
attorneys' fees and costs.
Appropriation: None.
Fiscal Note: Requested on February 4, 2015.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.