First-degree unlawful publication

(a) It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person when: (1) The person depicted did not consent to the disclosure or publication of the sexual image; (2) There was an agreement or understanding between the person depicted and the person publishing that the sexual image would not be disclosed or published; and (3) The person published the sexual image with the intent to harm the person depicted or to receive financial gain. (b) A person who violates this section shall be guilty of a felony and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 3 years, or both.