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Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

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Updated: 
December 5, 2024

1032. Definitions

As used in this subchapter chapter:

(1) ‘electronic communications device‘ means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager, or any other device that can produce an electronically generated image, message, or signal.

(2) ‘Disseminate‘ means to post, email, text, distribute, transfer, transmit, circulate, share, forward, exhibit, sell, give, provide, procure, manufacture, or publish on an electronic communications device as defined in this subchapter.

(3) ‘Image‘ means a photograph, film, videotape, digital recording, or other depiction or portrayal of an object, including a human body.

(4) ‘Intimate parts‘ means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, buttocks, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.

(5) ‘Sexual act‘ means sexual penetration, masturbation, sexual activity, actual or simulated sexual intercourse, and sexual bestiality.

(6) ‘Simulated‘ means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the genitals, buttocks, or female nipple.

(7) ‘Sexual activity‘ means any:

(A) touching or fondling of another person or animal, either directly or through clothing, of the sex organs, anus, or breasts for sexual gratification or arousal;

(B) any transfer or transmission of semen upon any part of the clothed or unclothed body of another, for sexual gratification or arousal of the victim or another;

(C) an act of urination within a sexual context; or

(D) any bondage or fetter, sadism, masochism, or sadomasochism in any sexual context.

(8) ‘Visual Depiction‘ means any photograph, developed or undeveloped film, video picture, negative or slide, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.

(9) ‘Sexual images‘ means images, photographs, videos, or other likenesses depicting or simulating an intimate act or depicting any portion of a person’s genitals, or of a woman’s breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered private, intimate, or inappropriate for distribution or publication without that person’s consent.