573.110. Nonconsensual dissemination of private sexual images, offense of — definitions — elements — exemptions — immunity from liability, when — penalty — private cause of action, when.
This law defines key terms used in cases about sharing private sexual images without permission.
The section explains what certain words mean when talking about computers, images, and sexual acts related to this crime.
(1) Computer: Any device that handles, stores, or sends data — including hard drives and internet-connected equipment.
(2) Computer program: A set of instructions that tells a computer what to do with information.
(3) Data: Information in any form (like printouts, digital files, or storage devices) that can be used or processed by a computer. It’s considered property.
(4) Image: Any photo, film, video, or digital picture of an object or a person.
(5) Intimate parts: Private areas like the genitals, anus, or — for females — any visible part of the nipple, even through see-through clothing.
(6) Private mobile radio services: Special private radio or communication services as defined by the state’s public service commission.
(7) Public mobile services: Phone or communication services like cell networks, satellite phones, or other public radio systems.
(8) Sexual act: Includes sexual penetration, masturbation, or any kind of sexual activity.
(9) Sexual activity:
- (a) Touching of private parts (genitals, anus, or breasts) for sexual pleasure, whether by a person or animal, directly or through clothes;
- (b) Semen transferred onto someone’s body for sexual pleasure;
- (c) Urination in a sexual context;
- (d) Acts involving bondage, restraints, pain, or control for sexual reasons;
- (e) Any sadomasochistic behavior within a sexual setting.
2. A person commits the crime of nonconsensual dissemination of private sexual images if they:
- (1) Intentionally share a sexual or nude image to harass, threaten, or pressure someone:
- (a) The person in the image is at least 18 years old,
- (b) They can be identified from the image or related details, and
- (c) The image shows a sexual act or private body parts.
- (2) Got the image in a situation where a reasonable person would expect it to remain private; and
- (3) Knew or should have known the person in the image did not agree to have it shared.
3. This law does not apply if the image is shared:
- (1) For a lawful criminal investigation,
- (2) To report illegal behavior,
- (3) If it shows someone exposing themselves in public or in a commercial setting, or
- (4) For a lawful public purpose.
4. The following services are not held responsible for what others post:
- (1) Online platforms (like websites or apps),
- (2) Mobile or radio communication providers, and
- (3) Phone, internet, or broadband networks.
5. A person convicted under this law may have to give up property under Missouri’s forfeiture laws.
6. Sharing private sexual images without consent is a class D felony.
7. The victim can also sue the offender. If they win the lawsuit, they must receive either $10,000 or the actual amount of damages (whichever is higher), plus attorney’s fees. Feeling embarrassed or humiliated is enough to prove harm — physical symptoms are not required.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
