Chapter 272 of the General Laws is hereby amended by adding the following section:-

Section 106. (a) As used in this section, the following terms shall have the following definitions:-

“Disclose”, to transfer, publish, distribute, exhibit, advertise or offer.

“Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.

“Sexual act”, sexual intercourse, including genital, anal or oral sex.

“Visual material”, any motion picture film, picture, photograph, image, videotape, recording by computer, telephone or any other device capable of electronic data storage or transmission, or any similar visual representations or reproductions thereof.

(b) Whoever willfully discloses visual material depicting another, identifiable person who is nude, partially nude or engaged in a sexual act, and, at the time of the disclosure, knew or should have known that the person so depicted did not consent to the disclosure, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(c) Subsection (b) shall not apply to a person who discloses visual material for the purposes of:

(i) conducting lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment;

(ii) reporting unlawful conduct; or

(iii) any other bona fide and lawful public purpose.

(d) Subsection (b) shall not apply to a person who discloses visual material of another person who is nude, partially nude or engaged in a sexual act if the person so depicted voluntary exposes him or herself in a public or commercial setting.