Bill Text: MO HB1334 | 2014 | Regular Session | Introduced
Bill Title: Creates the crime of publishing pornography for revenge
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-10 - Hearing Cancelled (H) [HB1334 Detail]
Download: Missouri-2014-HB1334-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BARNES.
4275H.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 573, RSMo, by adding thereto one new section relating to pornography, with penalty a provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 573, RSMo, is amended by adding thereto one new section, to be known as section 573.045, to read as follows:
573.045. 1. A person commits the crime of publishing pornography for revenge when he or she photographs or records, or knowingly receives and republishes, by any means, the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress.
2. Publishing pornography for revenge is a class B misdemeanor, unless the person has previously been convicted of a violation of the provisions of this section or the depicted person is a minor under seventeen years of age in which case the crime is a class A misdemeanor.
3. In addition to the criminal penalties listed in subsection 2 of this section, the person in violation of the provisions of this section shall also be subject to a private cause of action from the depicted person. Any successful private cause of action brought under this subsection shall result in an award equal to ten thousand dollars or actual damages, whichever is greater, and in addition shall include attorney’s fees. Humiliation or embarrassment shall be an adequate show that the plaintiff has incurred damages; however, no physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.
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