AL SB 301
| AL SB 301 | |
|---|---|
| Short Title | AL SB 301 |
| Official Text | AL SB 301 |
| Country/Jurisdiction | United States |
| State or Province | Alabama |
| Regulatory Bodies | Senate Congress |
| Date Enacted | 2017/05/19 |
| Scope of the Law | Social Media |
| Information | |
| Taxonomy | Appropriation, Blackmail, Breach of Confidentiality, Identification, Increased Accessibility, Insecurity, Surveillance |
| Strategies | |
Text of the law
Section 1. (a) 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 with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image. Increased Accessibility, Blackmail
(b) For purposes of this section, private image means a photograph, digital image, video, film, or other recording of a person who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sadomasochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, as defined in Section 13A-12-190, genital nudity, or other sexual conduct. The term includes a recording that has been edited, altered, or otherwise manipulated from its original form. Identification
(c)(1) For purposes of this section, a reasonable expectation of privacy includes, but is not limited to, either of the following circumstances: a. The person depicted in the private image created it or consented to its creation believing that it would remain confidential. Breach of Confidentiality
b. The sexual conduct depicted in the image was involuntary. (2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public or commercial setting. Increased Accessibility, Appropriation
(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image. Insecurity
(e) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony. Section 2. (a) A person commits the crime of sexual extortion if he or she knowingly causes another person to engage in sexual intercourse, deviate sexual intercourse, sexual contact, or in a sexual act or to produce any photograph, digital image, video, film, or other recording of any person, whether recognizable or not, engaged in any act of sadomasochistic abuse, sexual intercourse, deviate sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct by transmitting any communication containing any threat to injure the body, property, or reputation of any person. Surveillance
(b) Sexual extortion is a Class B felony. Section 3. (a) A person commits the crime of assault with bodily fluids if he or she knowingly causes or attempts to cause another person to come into contact with a bodily fluid unless the other person consented to the contact or the contact was necessary to provide medical care. (b) For purposes of this section, a bodily fluid is blood, saliva, seminal fluid, mucous fluid, urine, or feces. (c) Assault with bodily fluids is a Class A misdemeanor; provided, however, a violation of this section is a Class C felony if the person commits the crime of assault with bodily fluids knowing that he or she has a communicable disease. Section 4. (a)(1) A person commits the crime of directing a child to engage in sexual intercourse or deviate sexual intercourse if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual intercourse or deviate sexual intercourse with another person under the age of 12. (2) Directing a child to engage in sexual intercourse or deviate sexual intercourse is a Class A felony. (b)(1) A person commits the crime of directing a child to engage in sexual contact if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual contact with another person under the age of 12. (2) A violation of this section is a Class C felony.
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