(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
(b) Knows or should have known that the depicted person has not consented to the disclosure; and
(c) Knows or reasonably should know that disclosure would cause harm to the depicted person.
(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:
(a) Intentionally and maliciously disclosed an intimate image of another person;
(b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(c) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Images involving voluntary exposure in public or commercial settings; or
(b) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.
(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW
82.04.065; or
(c) A telecommunications network or broadband provider.
(5) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW
9.68A.011.
(6) For purposes of this section:
(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;
(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:
(i) Sexual activity, including sexual intercourse as defined in RCW
9A.44.010 and masturbation; or
(ii) A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(7) The crime of disclosing intimate images:
(a) Is a gross misdemeanor on the first offense; or
(b) Is a class C felony if the defendant has one or more prior convictions for a violation of this section or RCW
9A.86.030.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
