House Bill 530

HOUSE BILL 530

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Christine Chandler

 

 

 

 

 

AN ACT

RELATING TO INVASION OF PRIVACY; AMENDING SECTION 30-37A-1 NMSA 1978 (BEING LAWS 2015, CHAPTER 42, SECTION 1) TO PROVIDE THAT THE CRIME OF UNAUTHORIZED DISTRIBUTION OF SENSITIVE IMAGES INCLUDES THE DISTRIBUTION OF SENSITIVE DEEPFAKE IMAGES; DEFINING "SENSITIVE DEEPFAKE IMAGE"; CREATING THE CRIME OF THREATENING TO DISTRIBUTE SENSITIVE IMAGES AND PROVIDING PENALTIES; ENACTING A NEW SECTION OF CHAPTER 41 NMSA 1978 TO PROVIDE THAT A PERSON MAY MAINTAIN A CIVIL ACTION FOR LIBEL, SLANDER OR INVASION OF PRIVACY BASED ON THE PUBLICATION OF SENSITIVE DEEPFAKE IMAGES AND LIMITING CERTAIN DEFENSES AND ALLOWING RECOVERY FOR CERTAIN TYPES OF DAMAGES; PROVIDING FOR CLAIMS ARISING FROM CRIMES RELATED TO INVASION OF PRIVACY OR THE DIGITAL EXPLOITATION OF CHILDREN AND ALLOWING RECOVERY FOR CERTAIN TYPES OF DAMAGES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-37A-1 NMSA 1978 (being Laws 2015, Chapter 42, Section 1) is amended to read:

     "30-37A-1. UNAUTHORIZED DISTRIBUTION OF SENSITIVE IMAGES--PENALTIES.--

          A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images or sensitive deepfake images of a person, with or without information identifying that person, without that person's consent:

                (1) with the intent to:

                     (a) harass, humiliate or intimidate that person;

                     (b) incite another to harass, humiliate or intimidate that person;

                     (c) cause that person to reasonably fear for that person's own or family members' safety;

                     (d) cause that person to suffer unwanted physical contact or injury; or

                     (e) cause that person to suffer substantial emotional distress; and

                (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.

          B. Threatening to distribute sensitive images consists of maliciously making a threat to a person to distribute, publish or otherwise make available sensitive images or sensitive deepfake images of the person with intent to:

                (1) harass, humiliate or intimidate that person;

                (2) cause that person to reasonably fear for that person's own or family member's safety; or

                (3) cause that person to suffer substantial emotional distress.

          [B.] C. For the purpose of this section:

                (1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal;

                (2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information;

                (3) "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users;

                (4) "intimate act" [has the same meaning as "sexual act", as that term is defined in Section 30-9-2 NMSA 1978] means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid;

                (5) "sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; [and]

                (6) "sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person:

                     (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or

                     (b) engaging in an intimate act; and

                [(6)] (7) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978.

          [C.] D. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

          E. A person who commits threatening to distribute sensitive images is guilty of a petty misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a misdemeanor.

          [D.] F. Nothing in this section shall be construed to impose liability on:

                (1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or

                (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters."

     SECTION 2. A new section of Chapter 41 NMSA 1978 is enacted to read: