HB 926

Abstract

Unlawful dissemination or sale of images of another; penalty. Expands the current categories of images that are unlawful to disseminate or sell to include any videographic or still image that depicts another person whose genitals, pubic area, buttocks, or female breast are not exposed but such videographic or still image is obscene, as defined in the bill. The bill adds to the statute of limitations for the misdemeanor offense of unlawful creation of the image of another to provide that a prosecution shall be commenced within five years of the commission of the offense or within one year of the date the victim discovers the offense or, by the exercise of due diligence, reasonably should have discovered the offense, whichever is later. The bill creates the same statute of limitations for the offense of unlawful dissemination or sale of the image of another. Current law starts the statute of limitations for the offense of unlawful creation of the image of another upon the commission of the offense.

Unlawful dissemination or sale of images of another; penalty. Expands the current categories of images that are unlawful to disseminate or sell to include any videographic or still image that depicts another person who is in a state of undress so as not to expose the genitals, pubic area, buttocks, or female breast but such videographic or still image is sexual in nature. The bill extends from five years to 10 years the statute of limitations for the misdemeanor offense of unlawful creation of the image of another. The bill also creates a 10-year statute of limitations for the offense of unlawful dissemination or sale of the image of another. The bill starts the statute of limitations for both offenses at the time the victim discovers the offense has occurred. Current law starts the statute of limitations for the offense of unlawful creation of the image of another upon the commission of the offense.

Unlawful dissemination or sale of images ofanother; penalty. Increases the penalty for the offense of unlawful dissemination or sale of the image of another from a Class 1 misdemeanorto a Class 4 felony. The bill removes the requirement that a personmust have the intent to coerce, harass, or intimidate another personto be guilty of such unlawful dissemination or sale. The bill alsoexpands the current categories of images that are unlawful to disseminateor sell to include any videographic or still image that depicts another person who is in a state of undress so as not to expose the genitals,pubic area, buttocks, or female breast but such videographic or stillimage is sexual or sensual in nature. Finally,the bill extends from five years to 10 years the statute of limitations for the offense of unlawful creation of the image of another. Thebill also creates a 10-year statute of limitations for the offenseof unlawful dissemination or sale of the image of another. The billstarts the statute of limitations for both offenses at the time thevictim discovers the offense has occurred. Current law starts thestatute of limitations for the offense of unlawful creation of theimage of another upon the commission of the offense.