Image-Based Sexual Abuse

Model Sexual Assault Code
Disclaimer
Acknowledgments
General Definitions
Consent Capacity to Consent Forcible Compulsion Sexual Contact Sexual Penetration Sexually Explicit Conduct
Mens Rea Provisions
Intentionally Knowingly Recklessly Prescribed Culpability Requirement Applies to All Material Elements. Substitutes for Recklessness and Knowledge. Requirement of Purpose Satisfied if Purpose Is Conditional. Requirement of Knowledge Satisfied by Knowledge of High Probability.
Crimes
Sexual Assault Aggravated Sexual Assault Sexual Assault Based on Abuse of Position Sexual Assault Based on Deception Criminal Sexual Conduct with Minors Incest Sexually Explicit Conduct in Public Abusive Sexual Exposure Abusive Sexual Conduct Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Abusive Sexual Conduct Involving Animals Sexual Torture Unlawful Child Marriage
Definitions
Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts
Crimes
Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance
Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy
Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense
Human Trafficking Sex Offender Registration and Notification Act (SORNA) Female Genital Mutilation
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Image-Based Sexual Abuse

Elements

An offense is committed if a person intentionally, knowingly, or recklessly, and without the consent of the depicted person: 

  1. creates, records, or produces a visual depiction or digital forgery of an identifiable individual in a state of nudity, engaging in sexually explicit conduct, or in the same image with the anus, buttocks, penis, vagina, vulva, breast, or ejaculate of any other person;
  2. possesses, discloses, broadcasts, posts, or transmits, or causes the disclosure, broadcast, transmission or posting of a visual depiction or digital forgery of an identifiable individual in a state of nudity, engaging in sexually explicit conduct, or in the same image with the anus, buttocks, penis, vagina, vulva, breast, or ejaculate of any other person, and the transmission or posting is intended to cause or does cause psychological, emotional, physical, or financial harm to the depicted person and serves no legitimate purpose to the depicted person;
  3. threatens to disclose a visual depiction of another in a state of nudity, engaged in sexually explicit conduct, or in the same image with the anus, buttocks, penis, vagina, vulva, breast, or ejaculate of any other person, and the actor makes the threat to obtain a benefit:
    1. in return for not making the disclosure; or

    2. in connection with the threatened disclosure; 
  4. promotes a visual depiction or digital forgery of an identifiable individual, in a state of nudity, engaging in sexually explicit conduct, or in the same image with the anus, buttocks, penis, vagina, vulva, breast, or ejaculate of any other person on a website, online service, online application, or mobile application that is owned or operated by the actor.

Grading

An offense under this section is a _ degree felony.

Crimes Voyeurism/Unlawful Surveillance