"Revenge Porn" Bill Passed by Arizona Senate Would Make It a Domestic-Violence Crime

Categories: I'm Only a Bill
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Kelvinsong


The Arizona Senate approved a bill that would make it a felony to share someone else's nude pictures without his or her permission.

Although the House already approved the bill, it was amended in the Senate to classify the sharing of "revenge porn" as a domestic-violence crime, which essentially makes the penalties even tougher.

See also:
-Arizona Revenge-Porn Bill "Almost Certainly Unconstitutional," UA Law Professor Says

The domestic-violence designation can be added to a number of crimes, and in the words of one local attorney, if you're the defendant, "The domestic violence categorization is something to be avoided whenever possible."

According to a legislative document, multiple convictions of domestic-violence designated crimes can lead to mandatory jail sentences, and other penalties for a domestic-violence conviction can include additional court-mandated treatment programs, more-intense release conditions from jail, and if the person accused of the crime has a child in common with the victim, that can certainly affect custody issues.

That's on top of the basic proposal for outlawing so-called "revenge porn," which would make it either a class-four or class-five felony. As proposed, House Bill 2515 would sharing revenge porn a class-four felony if the person in the photos or videos is recognizable.

Due to the amendment to the bill, the House would have to approve this again before it's transmitted to the governor.

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35 comments
DNichols
DNichols

Lesgilators  passed this law to protect thier own filthy acts, and ones of Arizona's proud P.O.S. Adultering Attorney General?!

eric.nelson745
eric.nelson745 topcommenter

This will not hold up in court. That's because one of the things most people don't realize is that any conviction for DV will make you a "prohibited person," meaning that your "Second Amendment rights" go away. So, as soon as anyone is convicted of this silly revenge-porn thing, the NRA will come to their rescue. And they will probably win. The prohibited person law is federal, so Judge Snow just might hear the case. Hehe.

DonkeyHotay
DonkeyHotay topcommenter

Arizona = Desert Racist Wasteland Factory for Unconstitutional Idiocy

DonkeyHotay
DonkeyHotay topcommenter

So news agencies that "share" naked pics of individual story subjects -- such as naked celebrities, psycotics running nude down public streets, participants of nude events such as bike rides, fun runs, etc, would all be guilty of a FELONY?



WhoKnows
WhoKnows topcommenter

Did CAP and Cathi Herrod slip the wording in this bill, such that an exposed elbow, kneecap, or belly button on a picture of a woman is considered "porn"?  I wouldn't doubt it......

NWEng
NWEng

Arizona legislature - doing the job no one finds necessary. 

valleynative
valleynative topcommenter

@NWEng  

To be fair, 29 other States have bills about the same thing this year.  Several others did last year.

 

DonkeyHotay
DonkeyHotay topcommenter

@valleynative @DonkeyHotay  


"knowingly disclose, display, distribute, publish, advertise, or offer a photograph, videotape, film or digital recording or other reproduction of another person in a state of nudity or engaged in a sexual act without obtaining the written consent of the depicted person."



WhoKnows
WhoKnows topcommenter

@valleynative @NWEng  And VN, that does not make it the right thing to do, or make it Constitutional.  For example, who defines what is "porn"?  


In some cultures, a woman showing an elbow is considered offensive.  But is a picture of a woman on a topless beach "porn"?  She's out in the public.  Anyone that would claim to be a libertarian would HATE this bill!

valleynative
valleynative topcommenter

@DNichols  

I agree with the article.  The fact that Donkey also agrees with it is probably attributable to random chance.

DNichols
DNichols

@Valley

Youy agree with a Donkey's Hotay?!

Classic.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative ... read the part where an actual law professor states it is almost CERTAINLY UNCONSTITUTIONAL !

DonkeyHotay
DonkeyHotay topcommenter

@valleynative @WhoKnows @NWEng  


"knowingly disclose, display, distribute, publish, advertise, or offer a photograph, videotape, film or digital recording or other reproduction of another person in a state of nudity or engaged in a sexual act without obtaining the written consent of the depicted person."


So websites and internet providers -- including PNT -- that re-publish nude pics others without written permission would be guilty.


Isn't kissing a "sexual act" ?


What about toe licking?


A photographer, or news reporter, who takes a pic of someone who is nude in PUBLIC would be prohibited from displaying said photograph?


How fucking stupid are the idiotic legal imbeciles who write this crap?

valleynative
valleynative topcommenter

@WhoKnows @valleynative@NWEng 

I don't think I implied that it's the right thing to do.  I was responding to a claim that it's something that "no one finds necessary".

By the way, you seem to believe that the bill refers to "porn".

Maybe you should read the text of the bill.

 

DonkeyHotay
DonkeyHotay topcommenter

@valleynative " I was talking about private photos taken by lovers"


So the subject consented to having their nude photo taken, eh?

WhoKnows
WhoKnows topcommenter

@valleynative @DonkeyHotay @NWEng  If someone takes a "selfie" of themselves, and texts/emails it to a love interest, does the person in the selfie expect privacy?


I would say they don't, as it was transmitted!

valleynative
valleynative topcommenter

@DonkeyHotay @valleynative@NWEng 

It isn't, if the person is willingly naked in public with no expectation of privacy.

In the context of the post I cited above, I was talking about private photos taken by lovers, which are the point of the legislation.

valleynative
valleynative topcommenter

@DonkeyHotay @valleynative@NWEng  

Read the article that this one links to.

You'll find my posts.  Like this one:

It's already illegal to photograph somebody nude without their consent.  Maybe people could try taking responsibility for their decisions.

valleynative
valleynative topcommenter

@DonkeyHotay @valleynative@NWEng 

Out of curiosity, if I point out that I don't approve of this bill, and that I've said so in the past, would that make you start arguing in favor of it?

 

DonkeyHotay
DonkeyHotay topcommenter

@valleynative @DonkeyHotay @NWEng  


HipTip: a "democrat legislator" in Arizona is a Repuglykkkan anywhere else outside the bubble of your Desert Racist Wasteland.

valleynative
valleynative topcommenter

@DonkeyHotay @valleynative@NWEng 

That might make sense, except that in about half those states, the bill was sponsored by Democrats.

Not everything that you dislike is the fault of your boogeymen.

 

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