CS/HB 1043 - Sexual Cyberharassment

• Expands sexual cyberharassment definition to include dissemination of sexually explicit images through any electronic means, not limited to website publication.

• Establishes that a person who consensually shared a sexually explicit image retains a reasonable expectation of privacy and that merely sending the image does not eliminate this expectation.

• Creates criminal penalties of first-degree misdemeanor for initial offense and third-degree felony for second or subsequent offenses involving willful and malicious sexual cyberharassment.

• Authorizes civil actions by aggrieved persons to recover injunctive relief, monetary damages of at least $5,000 or actual damages whichever is greater, and reasonable attorney fees and costs.

• Exempts interactive computer service providers, information services, and law enforcement officers acting in official capacity from criminal and civil penalties.

• Takes effect October 1, 2019.