Class 5 Felony: Revenge Porn Now Illegal in Arizona

heart brokenRevenge porn is the posting online of naked or sexually explicit photos of an ex-lover for the purpose of getting back at them.

It is now a felony in Arizona to display or distribute a photo or video of another person in a state of nudity or engaged in sexual conduct if the person in the image has not consented to the disclosure.

Revenge Porn is a Class 5 Felony if the person in the image is not recognizable.  It is a Class 4 Felony if the person is recognizable.

Arizona House Bill 2515 passed both the Arizona House and Senate and was signed by Governor Brewer on April 30, 2014.  The new law went into effect on July 24, 2014 as § 13-1425, Ariz. Rev. Stat.

While Arizona’s new law is well intentioned, it is unfortunately very broad.

Here are some examples of potentially criminal acts:

  • Posting a nude photo of your ex-girlfriend or boyfriend on Twitter without their consent.
  • Retweeting the above described photo in your friends Twitter feed.  Every retweet of the nude photo is potentially a new criminal act.
  • Posting a photo of your clothed ex-girlfriend performing a sex act on  you.
  • Secretly photographing your skinny dipping neighbors and then showing off the photo at the next neighborhood picnic.
  • Posting a naked picture of your newborn baby getting his first bath. Hopefully, prosecutor’s will exercise some discretion with this.

There are some exceptions to this statute:

  • Lawful and common practices of law enforcement.
  • Reporting unlawful activity or when otherwise required by law.
  • Lawful and common practices of medical treatment.
  • Exposure in public or commercial settings.  The streaker at the Phoenix Diamondbacks game is  fair game for Twitter as are the entertainers at your local gentleman’s club.
  • Internet service providers for the acts of third parties.

According to the poet George Herbert, “Living well is the best revenge.”  If you want to get back at your ex, I would advise that you stick with George Herbert’s advice.  If you post naked pictures of your ex, you could end up in the slammer.

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