As used in this part 14, unless the context otherwise requires:
- (1) Consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
- (2) Depicted individual means an individual whose body is shown in whole or in part in an intimate image.
- (3) Disclosure means transfer, publication, or distribution to another person. Disclose has a corresponding meaning.
(4) Identifiable means recognizable by a person other than the depicted individual:
- (a) From an intimate image itself; or
- (b) From the intimate image and identifying characteristic displayed in connection with the intimate image.
- (5) Identifying characteristic means information that may be used to identify a depicted individual.
- (6) Individual means a human being.
(7) Intimate image means a photograph, film, video recording, or other similar medium that shows:
- (a) The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or
- (b) The depicted individual engaging in or being subjected to sexual conduct.
- (8) Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(9) Sexual conduct includes:
- (a) Masturbation;
- (b) Genital, anal, or oral sex;
- (c) Sexual penetration of, or with, an object;
- (d) Bestiality; or
- (e) The transfer of semen onto a depicted individual.
Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8.