Arizona’s Revenge Porn Law Blocked; Legislator Promises to Try Again Next Year

LBN’s Emily Collins reports that Arizona statute 13-1425, the “revenge porn” law, is dead, at least for the moment. In response to a lawsuit filed in September by the American Civil Liberties Union, Arizona Attorney General Mark Brnovich has made an agreement with the ACLU that the statute will not be enforced.

The statute, enacted in 2014, makes it illegal for people to post nude photographs or videos of “another person in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure.” In order for the blocking agreement to take effect, it required approval by U.S. District Court Judge Susan Bolton. [Note: the approval was filed on July 12.]

The ACLU filed its lawsuit because, in its view, the law was too broad. The ACLU cited the use by a college professor of an iconic photograph of nude young girl, burned with napalm, running on a road during the Vietnam War. The ACLU’s position was that the Arizona statute would make such teaching activities illegal.

Arizona Representative J.D. Mesnard had tried to resolve the problem by introducing a revised bill, but the bill failed to pass both houses of the legislature. Mesnard has said that he will try again in the next session. Arizona is just one of many states that have passed or are considering revenge porn laws.

The Legal Broadcast Network is a featured network of the Sequence Media Group.