Revenge Porn Laws: A.R.S. 13-1425
Arizona law makes it a crime to disclose images of another person who is unclothed or engaging in certain sexual or explicit activities. This offense has earned the colloquial name of “revenge porn” as a result of the common act of individuals publishing such images of their partners as an act of vengeance.
According to A.R.S. 13-1425, it is unlawful for anyone to intentionally disclose an image of another person where that person is able to be identified if all of the following apply:
- The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
- The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
- The image is disclosed with the intent to harm, harass, intimidate, threaten, or coerce the depicted person.
Penalties for Engaging in Revenge Porn
Class 1 Misdemeanor – Individuals who threaten to disclose such images, without actually disclosing the images, are guilty of a class 1 misdemeanor. First-time offenders can be incarcerated for up to six months.
Class 4 Felony – Anyone who discloses such images through electronic means will be guilty of a class 4 felony. First-time offenders can face incarceration for up to 3.75 years.
Class 5 Felony – Any violation of this statute that is not classified as a class 1 misdemeanor or a class 4 felony as listed above is a class 5 felony. First-time offenders can face incarceration of up to 2.5 years.
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