48-3059. (KCMJ Art.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

48-3059. (KCMJ Art. 117a) Intimate visual images, wrongful distribution or broadcast.

(a)Any person subject to this code is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished at the direction of a commanding officer if such person:

(1)Knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who:

(A)Is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;

(B)is identifiable from the intimate visual image or visual image of sexually explicit conduct or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and

(C)does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

(2)knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

(3)knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely to:

(A)Cause harm, harassment, intimidation, emotional distress or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or

(B)harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relations; or

(4)engaged in conduct that had a reasonably direct connection to a military mission or military environment.

(b)As used in this section:

(1)"Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

(2)"Distribute" means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.

(3)"Intimate visual image" means a visual image that depicts the private area of a person.

(4)"Private area" means the naked or underwear-clad genitalia, anus, buttocks or female areola or nipple.

(5)"Reasonable expectation of privacy" means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving that person, would not be visible to the public.

(6)"Sexually explicit conduct" means actual or simulated genital-to-genital contact, oral-to-genital contact, anal-to-genital contact or oral-to-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation or sadistic or masochistic abuse.

(7)"Visual image" means:

(A)Any developed or undeveloped photograph, picture, film or video;

(B)any digital or computerized image, picture, film or video made by any means, including those transmitted by any means, including streaming media not stored in a permanent format; or

(C)any digital or electronic data capable of conversion into a visual image.