HB924: Unlawful dissemination or sale of images of another; threats, penalty.

HOUSE BILL NO. 924

Offered January 8, 2020
Prefiled January 7, 2020
A BILL to amend and reenact § 18.2-386.2 of the Code of Virginia, relating to unlawful dissemination or sale of images of another; threats; penalty.
Patron-- Coyner

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-386.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-386.2. Unlawful dissemination or sale of images of another; threats of unlawful dissemination or sale of images of another; penalty.

A. Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor. For purposes of this subsection, "another person" includes a person whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic.

B. If a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.

C. Any person who communicates a threat, orally or in a writing, including an electronically transmitted communication producing a visual or electronic message, to disseminate or sell a videographic or still image depicting the threatened person in violation of subsection A is guilty of a Class 1 misdemeanor.

D. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.

D. E. The provisions of this section shall not preclude prosecution under any other statute.