Ohio Revenge Porn Laws

Ohio

OH HB 497

A bill to prohibit the nonconsensual dissemination of private sexual images

By Rep Rogers, Rep Manning and Sen Schiavoni

Status: Passed and Signed – will go into effect 90 days after December 12th 2018

No person shall knowingly disseminate an image of another person if the person pictured:
– Is eighteen or older
– can be identified from the image or information attached to it
– is in a state of nudity or engaged in a sexual act
– was intended to be harmed

Repercussions:
First time offender – 3rd degree misdemeanor
Second time offender – 2nd degree misdemeanor
Third time offender – 1st degree misdemeanor

The court may order to criminally forfeit all the following property to the state:
– Any profits or proceeds made in the process of dissemination
– Any property or contractual rights held in operation, controlled or conducted in violation of the law.

Civil – A victim of a violation of this section may commence a civil cause of action against the offender

No licensing authority may refuse to issue a license – limit suspend or revoke a license – or refuse to renew a license based solely on that the person is a victim or nonconsensual dissemination

Does not apply to:
Images disseminated for the purpose of a criminal investigation that is lawful, reporting unlawful conducts, the image is part of a news report or an artistic work such as: a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work, for a lawful public purpose, if the image taken was in a location in which the person does not have a reasonable expectation of privacy, for purpose of medical treatments, mobile services, interactive computer services, telecommunications carriers, or internet/cable/satellite providers.