The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 059 : Lewdness and Prostitution

Subchapter 001 : Lewd and Indecent Conduct

• § 2606. Disclosure of sexually explicit images without consent

  (a) As used in this section:

  (1) “Disclose” includes transfer, publish, distribute, exhibit, or reproduce.

  (2) “Harm” means physical injury, financial injury, or serious emotional distress.

  (3) “Nude” means any one or more of the following uncovered parts of the human body:

  (A) genitals;

  (B) pubic area;

  (C) anus; or

  (D) post-pubescent female nipple.

  (4) “Sexual conduct” shall have the same meaning as in section 2821 of this title.

  (5) “Visual image” includes a photograph, film, videotape, recording, or digital reproduction.

  (b)(1) A person violates this section if he or she knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording of the visual image does not, by itself, constitute consent for disclosure of the image. A person who violates this subdivision (1) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

  (2) A person who violates subdivision (1) of this subsection with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

  (c) A person who maintains an Internet website, online service, online application, or mobile application that contains a visual image of an identifiable person who is nude or who is engaged in sexual conduct shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disclosing the visual image if requested by the depicted person.

  (d) This section shall not apply to:

  (1) Images involving voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have a reasonable expectation of privacy.

  (2) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment.

  (3) Disclosures of materials that constitute a matter of public concern.

  (4) Interactive computer services, as defined in 47 U.S.C. § 230(f)(2), or information services or telecommunications services, as defined in 47 U.S.C. § 153, for content solely provided by another person. This subdivision shall not preclude other remedies available at law.

  (e)(1) A plaintiff shall have a private cause of action against a defendant who knowingly discloses, without the plaintiff’s consent, an identifiable visual image of the plaintiff while he or she is nude or engaged in sexual conduct and the disclosure causes the plaintiff harm.

  (2) In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. (Added 2015, No. 62, § 2.)