Vermont § 2606 - Disclosure of sexually explicit images without consent

§ 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,
  including an image created or altered by digitization. (6) “Digitization” means the process of altering an image in a realistic manner utilizing
  an image or images of a person, including images other than the person depicted, or
  computer-generated images. (b)(1) A person violates this section if the person knowingly discloses a visual image of
  an identifiable person who is nude or who is engaged in sexual conduct, without the
  person’s 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 or production 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 the plaintiff 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; amended 2023, No. 161 (Adj. Sess.), § 45, eff. June 6, 2024.)