(1) M(a):

(a) the suspect, with the intent to harass, humiliate or injure another person, knowingly causes the disclosure of an image of the victim whose intimate parts are visible or who is engaged in sexual conduct

(b) the suspect knows or reasonably should have known that the victim doesn't consent to the disclosure

(c) the victim is harassed, humiliated or injured by the disclosure AND

(d) a reasonable person would be harassed, humiliated or injured by the disclosure

(2)(b) F(c): the suspect has a prior conviction under this statute at the time of the offense

(3) as used in this section:

(a) Disclose includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer

(b) Image includes, but is not limited to, a photograph, film, videotape, recording, digital picture and other visual reproduction, regardless of the manner in which the image is stored

(c) Information content provider means 'Any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.' (47 U.S.C. 230(f)(3))

(d) Interactive computer service means 'Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.' (47 U.S.C. 230(f)(2))

(e) Intimate parts means uncovered human genitals, pubic areas or female nipples.

(f) Sexual conduct means sexual intercourse or oral or anal sexual intercourse,

(4) this statute does not apply to:

(a) activity by law enforcement agencies investigating & prosecuting criminal offenses

(b) legitimate medical, scientific or educational activities

(c) legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system

(d) the reporting of unlawful conduct to a law enforcement agency

(e) disclosures that serve a lawful public interest

(f) disclosures of images:

(A) depicting the other person voluntarily displaying, in a public area, their intimate parts or engaging in sexual conduct OR

(B) originally created for a commercial purpose with the consent of the other person OR

(g) the provider of an interactive computer service for an image of intimate parts provided by an information content provider