Earlier this year, the Arizona Legislature made major revisions to Arizona’s revenge porn law, Arizona Revised Statutes § 13-1425.
Arizona is neither the first nor the only state to prohibit the unauthorized disclosure of intimate photos that were created for private viewing only (commonly referred to as “revenge porn”). The terminology selected by the Arizona legislature, however, has been a cause of great concern to private citizens, business owners and civil rights groups. As a result, enforcement of the initial 2014 version of Arizona’s revenge porn law was temporarily put on hold in November of 2014 when a federal judge issued an order prohibiting enforcement of the 2014 version. It was presumed that Arizona lawmakers would draft a new, constitutionally-appropriate version during the 2015 legislative session.
The 2015 version contained several major modifications (including the creation of the new crime of threatening to disclose intimate photos). Unfortunately, the 2015 revision still contained language that was deemed unconstitutionally vague and overbroad. As a result, on July 10, 2015, Judge Susan Bolton of the United States District Court signed a Final Decree preventing any prosecutor in the state “from enforcing, threatening to enforce, or otherwise using Arizona Revised Statute § 13-1425 in its current [2015] form.”
It seems likely that the Arizona legislature will try again in 2016 to draft a revenge porn law that passes constitutional review. In the meantime, intentionally disclosing private pictures is not a wise thing to do, and it could still be prosecuted as criminal harassment. As a result, if you or a loved one is ever questioned by the police about possible revenge porn behavior, please invoke your constitutional right to silence and call our office immediately.
Attorney Profile: Brian D. Strong – Senior Associate
Direct Line: (480) 833-2341 (24/7)
Email: [email protected]
Main Area of Law: Criminal Defense Attorney
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