LANSING (WWJ) – Michigan lawmakers are trying to cut down on the unsolicited sharing of nude photos.
House Bill 4535, introduced in May, would allow victims of what the legislation’s sponsor calls "cyber flashing" to recover money from the offender through a civil case.
That means anyone who knowingly sends a sexually explicit image or video to an unwilling recipient could be punished up to $500 per offense, plus reasonable attorney fees.
The bill, which currently sits in a House Committee, says anyone above the age of 18 who sends an explicit image of another person above 18 without their consent via phone, computer or other electronic device, they would be guilty of a misdemeanor.
Under the bill, the recipient of said image would be allowed to bring a civil cause of action against the person who sent it.
The bill says “‘nudity’ means displaying an individual's genitalia or anus or, if the individual is a female, her nipples or areola. It also defines “sexually explicit” as including a photo that “depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.”
The legislation wouldn’t apply if someone asked to receive the material, according to a report from WWMT in Kalamazoo.
If it is passed through the legislature, the bill – which is sponsored “almost entirely by women,” according to the report – would go in effect 90 days after it's enacted into law.
Co-sponsor Rep. Julie Brixie, D-Okemos said it’s important for people to have consent before exchanging explicit images of themselves or others, according to WWMT.
"I think receiving unwanted nude pictures on your cellphone is not something that most people care to receive," Brixie said, according to the report.
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