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'Revenge porn' bill sent to Ducey for approval

Posted at 4:07 PM, Mar 07, 2016
and last updated 2016-03-07 18:08:05-05

Nearly seven weeks after unanimous passage in the House, the Senate has unanimously adopted a measure that would replace a 2014 law barring so-called "revenge porn."

The House passed the measure that makes it a crime to share nude photos of another person with intent to harm on the third day of the session, but it languished in the Senate until Monday.

House Bill 2001 passed unanimously and now moves to Gov. Doug Ducey's desk for approval.

Rep. J.D. Mesnard, R-Chandler, who sponsored the bill for a third time, originally fast tracked the measure after last year's proposal received bi-partisan support but didn't make it to the governor's desk because the Senate adjourned before taking a necessary procedural vote.

Mesnard appealed to House leadership to get the bill passed early but it lingered in the Senate, which was more focused on passing its own legislation, he said.

"It has been moving relatively quickly now, and I am excited to get this up to the governor's desk and have it behind us once and for all," he said.

The American Civil Liberties Union and two other groups sued the state over a previous version of the bill citing constitutional concerns, but dropped their opposition after Mesnard included language clarifying that the images would have to be shared with the intent to harm the person in the photos.

"Under previous iterations it criminalized anyone who published or distributed a nude image without the consent of the person," said Will Gaona, ACLU policy director. "The most recent version narrows its application and gets behind the behavior it was intended to address."