Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Impact
The bill establishes a private civil cause of action, allowing individuals who receive unsolicited images to sue for damages. This provision serves to empower victims by enabling them to seek compensation for emotional and economic harm caused by the inappropriate transmission of explicit content. The legislation also defines 'unsolicited' comprehensively to include situations where the recipient has not consented to receive such materials or has specifically forbidden their transmission.
Summary
Senate Bill 699 aims to address the issue of unsolicited obscene or sexually explicit images transmitted electronically. This legislation specifically forbids the sending of such images without the consent of the recipient. Should an individual violate this statute, they would face financial penalties, including a forfeiture up to $250 for a first offense and $500 for subsequent violations. Notably, if the offender is under 18, they would receive warnings instead of fines for their first violation.
Contention
The proposal has raised concerns regarding its implementation and implications for personal privacy and free speech. Critics argue that such legislation may inadvertently penalize individuals for consensual communications or create a chilling effect on the sharing of sensitive content among trusted parties. Furthermore, there are apprehensions on how effectively this law can mitigate the issue of unsolicited images within the broader context of online harassment and cyberbullying.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.
A bill for an act establishing the criminal offense of unlawful electronic transmission of sexually explicit visual material, and providing penalties.(See HF 899.)
A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.
A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.