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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 03/14/2024-REPORTED OUT TO THE FLOOR 02/13/2024-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 35-0182 Thirty-Fifth Legislature of the Virgin Islands October 27, 2023 An Act amending title 14 of the Virgin Islands Code chapter 51 by designating the existing provisions as subchapter I and adding a subchapter II relating to the nonconsensual dissemination of sexually explicit images PROPOSED BY: Senators Donna A. Frett-Gregory, Kenneth L. Gittens, Angel L. Bolques, Jr., Alma Francis Heyliger, Dwayne M. DeGraff and Milton E. Potter Co-sponsor: Novelle E. Francis Jr. Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 14 of the Virgin Islands Code is amended designating the existing 2 sections as subchapter I and adding a subchapter II that reads as follows: 3 “Subchapter II. Nonconsensual Pornography or Revenge Pornography 4 § 1031. Short Title 5 This subchapter may be cited as “Revenge Porn Act”. 6 § 1032. Definitions 7 As used in this subchapter chapter: 8 (1) “electronic communications device” means a computer, an internet web site or 9 page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a 10 pager, or any other device that can produce an electronically generated image, message, or 11 signal. 12 2 (2) “Disseminate” means to post, email, text, distribute, transfer, transmit, circulate, 1 share, forward, exhibit, sell, give, provide, procure, manufacture, or publish on an electronic 2 communications device as defined in this subchapter. 3 (3) “Image” means a photograph, film, videotape, digital recording, or other depiction 4 or portrayal of an object, including a human body. 5 (4) “Intimate parts” means the fully unclothed, partially unclothed, or transparently 6 clothed genitals, pubic area, or anus, buttocks, or, if the person is female, a partially or fully 7 exposed nipple, including exposure through transparent clothing. 8 (5) “Sexual act” means sexual penetration, masturbation, sexual activity, actual or 9 simulated sexual intercourse, and sexual bestiality. 10 (6) “Simulated” means the explicit depiction of sexual conduct that creates the 11 appearance of actual sexual conduct and during which a person engaging in the conduct exhibits 12 any uncovered portion of the genitals, buttocks, or female nipple. 13 (7) “Sexual activity” means any: 14 (A) touching or fondling of another person or animal, either directly or through 15 clothing, of the sex organs, anus, or breasts for sexual gratification or arousal; 16 (B) any transfer or transmission of semen upon any part of the clothed or 17 unclothed body of another, for sexual gratification or arousal of the victim or another; 18 (C) an act of urination within a sexual context; or 19 (D) any bondage or fetter, sadism, masochism, or sadomasochism in any sexual 20 context. 21 (8) “Visual Depiction” means any photograph, developed or undeveloped film, video 22 picture, negative or slide, digital or computer-generated image or picture, whether made or 23 produced by electronic, mechanical or other means.  24 3 (9) “Sexual images” means images, photographs, videos, or other likenesses depicting 1 or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's 2 breast below the top of the areola, that is either uncovered or visible through less-than-fully 3 opaque clothing, which images may reasonably be considered private, intimate, or 4 inappropriate for distribution or publication without that person's consent 5 § 1033. Non-consensual dissemination of private sexual images 6 (a) A person commits non-consensual dissemination of private sexual images when the 7 person: 8 (1) purposely, and with the intent to harass, intimidate, threaten, coerce, or cause 9 harm to the emotional, financial, or physical welfare of the depicted person, disseminates 10 an image of a person: 11 (A) who is 18 years of age and older; 12 (B) who is identifiable from the image itself or information displayed in 13 connection with the image; and 14 (C) who is engaged in a sexual act or whose intimate parts are exposed, in 15 whole or in part; 16 (2) obtains the image when a reasonable person would know or understand that 17 the image was to remain private; and 18 (3) knows or should have known that the person in the image has not consented 19 to the dissemination of the images. 20 Consent to the recording of the visual image does not by itself constitute consent for the 21 disclosure or dissemination of the image. 22 (b) The statute of limitation for filing a criminal complaint for a violation of this 23 subchapter is two years from the date the victim becomes aware of the dissemination of the 24 images. 25 4 § 1034. Liability; Exceptions 1 (a) The intentional dissemination of an image of another identifiable person who is 2 engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of 3 this section when: 4 (1) the dissemination is made for the purpose of a criminal investigation that is 5 otherwise lawful; 6 (2) the dissemination is made for the purpose of, or in connection with, the 7 reporting of unlawful conduct; 8 (3) the images involved are voluntarily exposed in public or commercial settings; 9 or 10 (4) the dissemination serves a lawful public purpose or is done in compliance 11 with a subpoena or court order. 12 (b) This subchapter does not impose liability upon the following entities solely because 13 of content or information provided by another person: 14 (1) an interactive computer service, as defined in 47 U.S.C. § 230(f)(2); 15 (2) a wireless service provider; or 16 (3) a telecommunications network or broadband provider. 17 § 1035. Punishment 18 (a) A person who is convicted for the first time for a violation of this subchapter is 19 guilty of a misdemeanor and is subject to a term of imprisonment of not more than one year, or 20 a fine of not more than $5,000, or both. 21 (b) A person who is convicted a second or any additional time for a violation of this 22 subchapter, with the same or a different person, is guilty of a felony and is subject to a term of 23 imprisonment of not more than five years, or a fine of not more than $10,000, or both. 24 5 (c) A person who has been convicted two or more times for a violation of this 1 subchapter is required to register as a sexual offender pursuant title 14 Virgin Islands Code, 2 chapter 86, section 1721, et seq. 3 § 1036. Civil Remedies 4 A person whose private sexual images have been disseminated in violation of this 5 subchapter may bring a civil action against the person who disseminated the private sexual 6 images and is entitled to injunctive relief, the greater of $10,000 or actual damages incurred 7 because of the dissemination of the private sexual images, exemplary damages, court fees and 8 reasonable attorney’s fees and costs. The statute of limitation for filing a civil complaint for a 9 violation of this subchapter is two years from the date the victim becomes aware of the 10 dissemination of the images. 11 § 1037. Forfeiture 12 (a) After an opportunity to be heard by the court, a person who has been found guilty 13 of committing the offense of non-consensual dissemination of private sexual material forfeits 14 the to the Government of the Virgin Islands: 15 (1) Any profits or proceeds and any property the person has acquired or 16 maintained that were obtained as a result of the non-consensual dissemination of the 17 private sexual images; 18 (2) Any interest in, securities of, claim against, or property or contractual right 19 of any kind affording a source of influence over any enterprise that the person has 20 established, operated, or controlled that was acquired or maintained because of the non- 21 consensual dissemination of the private sexual images; or 22 (3) Any property to include computer, cellular phone, cameras, used in 23 committing or facilitating the commission of the offense for which the person has been 24 convicted. 25 6 (b) Funds received as a result of a forfeiture proceeding must be remitted to the 1 Criminal Victims Compensation Fund. 2 SECTION 2. Title 16 Virgin Islands Code, chapter 2, section 91(b) is amended by 3 adding a paragraph (15) to read: 4 “(15) Revenge Porn.” 5 BILL SUMMARY 6 This bill makes it a criminal offense to disseminate private sexual images of a person 7 without that person’s consent. It also provides for the circumstances upon which the 8 dissemination of private sexual images is not a criminal offense, the punishment for violation 9 of the law, civil remedies for the victim, and for the forfeiture any profits, proceeds, or property 10 obtained from the dissemination of the private sexual images. 11 BR23-0042/August 23, 2023/SLR 12 ..\..\..\..\AMENDS\35th Legislature\FRETT-GREGORY, DONNA A\Amendment 35- 13 677\35-677 - DRAFTED ON YELLOW.docx 14