The Committee on Judiciary proposes the following amendment (SJ-3058.MB0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-330(4) and inserting:

 (4) "Intimate image" means any still or videographic image of an identifiable individual that depicts wholly or partially uncovered genitals, pubic area, anus, or postpubescent female nipple or areola of an individual, the display or transfer of semen or vaginal secretion, or sexually explicit conductsexual activity, as defined in Section 16-15-375, or sexually explicit nudity, as defined in Section 16-15-375.

Amend the bill further, SECTION 2, by striking Section 16-15-332(B)(2) and inserting:

  (2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, must be fined not more than ten thousand dollars or imprisoned not less than one year but not more than ten years, or both. No part of the minimum sentence may be suspended nor probation granted.

Amend the bill further, SECTION 2, by striking Section 16-15-332(C)(2) and inserting:

  (2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

Renumber sections to conform.

Amend title to conform.