Definitions.

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21-67-2. Definitions.

Terms used in this chapter mean:

(1)"Consent," affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization;

(2)"Depicted individual," an individual whose body is shown in whole or in part in an intimate image;

(3)"Disclosure," transfer, publication, or distribution to another person. Disclose has a corresponding meaning;

(4)"Identifiable," recognizable by a person other than the depicted individual:

(A)From an intimate image itself; or

(B)From an intimate image and identifying characteristic displayed in connection with the intimate image;

(5)"Identifying characteristic," information that may be used to identify a depicted individual;

(6)"Individual," a human being;

(7)"Intimate image," a photograph, film, video recording, or other similar medium that shows:

(A)The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or

(B)A depicted individual engaging in or being subjected to sexual conduct;

(8)"Person," an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;

(9)"Sexual conduct," includes:

(A)Masturbation;

(B)Genital, anal, or oral sex;

(C)Sexual penetration of, or with, an object;

(D)Bestiality; or

(E)The transfer of semen onto a depicted individual.

Source: SL 2020, ch 77, § 2.


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