SB464: to prohibiting the nonconsensual dissemination of synthetic sexual images.

SB 464-FN - AS INTRODUCED

2024 SESSION

24-3022

09/05

SENATE BILL 464-FN

AN ACT to prohibiting the nonconsensual dissemination of synthetic sexual images.

SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Sen. Soucy, Dist 18; Sen. Chandley, Dist 11; Rep. Roy, Rock. 31; Rep. Rhodes, Ches. 17; Rep. N. Murphy, Hills. 12

COMMITTEE: Judiciary

ANALYSIS

This bill expands the prohibition on the nonconsensual dissemination of private sexual images to include synthetic images that are digitally created and altered to falsely depict the sexual conduct of targeted victims.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3022

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT to prohibiting the nonconsensual dissemination of synthetic sexual images.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Criminal Code; Breaches of the Peace and Related Offenses; Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a, I to read as follows:

I. In this section:

(a) "Disseminate" means to import, publish, produce, print, manufacture, post or share electronically, [distribute,] sell, lease, exhibit, or display, or otherwise distribute.

(b) "Image" means a photograph, film, videotape, or digital image or recording.

(c) "Intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.

(d) "Sexual act" means sexual penetration, masturbation, or sexual activity.

(e) "Sexual activity" means any:

(1) Knowing touching or fondling by any person, either directly or through clothing, of the sex organs, anus, or breast of that person, or another person, or animal; or

(2) Any transfer or transmission of semen upon any part of the clothed or unclothed body of a person; or

(3) An act of urination within a sexual context; or

(4) Any bondage, fetter, or sadism masochism; or

(5) Sadomasochism abuse in any sexual context.

(f) “Synthetic image" means an image that has been altered or created depicting an individual's image in a realistic, but false representation of the individual.

2 New Paragraph; Criminal Code; Breaches of the Peace and Related Offenses; Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a by inserting after paragraph II the following new paragraph:

II-a. A person also commits nonconsensual dissemination of private sexual images when he or she purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates a synthetic image of such person that makes use of and intentionally manipulates or alters a recognizable individual's image or conduct to create a realistic but false image, recording, or digital visualization of the individual’s intimate parts, sexual acts, or sexual activity without the consent of the individual.

3 Effective Date. This act shall take effect January 1, 2025.

LBA

24-3022

11/27/23

SB 464-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to prohibiting the nonconsensual dissemination of synthetic sexual images.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association