Alia Beard Rau

The Republic | azcentral.com

House Bill 2001 would make it a felony for a jilted lover to share a sexual photo or video without permission

The bill makes it a crime only if there is an intent to harm, harass or intimidate the subject of the photo

The intent clause was added after concern the original version violated the First Amendment

Arizona's first new law of 2016 will likely tackle revenge porn.

During their first week in session, state lawmakers are rushing through a bill that would make it a felony for a jilted lover to intentionally share a sexual photo or video of their former partner without permission and with the intent to harm, harass or intimidate.

House Bill 2001 includes an emergency clause allowing it to go into effect immediately upon Gov. Doug Ducey's signature.

"For folks, mostly guys, who are using technology to hurt ex-girlfriends, we really need to put a stop to it," said Rep. J.D. Mesnard, R-Chandler. "It's not OK to use things done in a trusting relationship to hurt them. This can damage them personally and professionally. It follows them the rest of their lives."

While the bill is moving through the process at a speed rarely seen at the Legislature, the underlying law is more than two years in the making.

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Mesnard introduced and the Legislature passed a similar bill in 2014. Then-Gov. Jan Brewer signed it into law.

Then a group of local librarians, publishers, photographers and bookstore owners, including the owners of Changing Hands, sued, alleging it was so broadly written that it would have a chilling effect on First Amendment-protected speech and could land them in prison for merely displaying, publishing or selling some nude images.

At the time, American Civil Liberties Union of Arizona Legal Director Dan Pochoda said unlike similar laws in about a dozen other states, Arizona's original version included no requirement of malicious intent. "So, there's no exception for things like artistic or even public interest, like a photo in a newspaper," he said at the time. "We call it the anti-nudity bill."

State officials agreed to kill the original law so the Legislature could try again.

Mesnard introduced a revised version during the 2015 session. The House passed it, but it died along with many other bills on the last night of session when the Senate got tired of waiting and decided to go home before the House concluded its work.

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\Mesnard has reintroduced the 2015 version this session. It was the first bill to get through a committee hearing and get a vote in the House Wednesday; it now goes to the Senate. If the Senate moves as quickly, it could become law as early as next week.

"This very real problem has been able to continue because of this bill being bogged down," Mesnard said. "I'm doing my utmost to fast-track this so we can get something back on the books."

Will Gaona, policy director for the ACLU of Arizona, said they are neutral on the revised version of the bill. He said it does address many of their concerns.

"The original version clearly criminalized publishing or distributing photos that had newsworthy or artistic value," he said. "This version really gets at the behavior they wanted to address. You actually have to have the intent to do harm."