the person in the image had not consented to its dissemination. However, if the man or woman in the image is naked, the content of that photo makes it a possible crime. Thus, one must look at the content of the photo to determine whether it falls within the purview of the statute. See Reed, 576 U.S. at ___, 135 S. Ct. at 2227 (“Government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed.”). ¶ 128 The majority, however, contends section 11-23.5 “does not prohibit but, rather, regulates the dissemination of a certain type of private information.” Supra ¶ 50. But the statute does not lay out a “privacy regulation,” it sets forth a criminal offense. As the statute criminalizes the dissemination of images based on their content, it should be viewed as a content-based restriction on speech that must survive strict scrutiny to be valid. ¶ 129 Assuming the State has a compelling interest in prohibiting nonconsensual dissemination of private sexual images, I would find the statute is not narrowly tailored to promote that interest. The majority cites the Vermont Supreme Court’s decision in VanBuren, which involved Vermont’s statute banning disclosure of nonconsensual pornography. The statute in that case made it a crime to “ ‘knowingly disclose a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm.’ ” (Emphasis added.) State v. VanBuren, 2018 VT 95, ¶ 5 (quoting Vt. Stat. Ann. tit. 13, § 2606(b)(1) (2015)). ¶ 130 As the majority recognizes, numerous other states criminalizing the unlawful dissemination of private sexual images require a similar intent. Supra ¶ 103. In its strict scrutiny analysis, the VanBuren majority found the statute at issue was narrowly tailored, stating, in part, as follows: “Section 2606 defines unlawful nonconsensual pornography narrowly, including limiting it to a confined class of content, a rigorous intent element that encompasses the nonconsent requirement, an objective requirement that the disclosure would cause a reasonable person harm, an express exclusion of images warranting greater constitutional protection, and a limitation to only those images that support the State’s compelling interest because their - 40 -