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Posting “Revenge Porn” is Now a Crime in Nevada

Posted by Neil Shouse | Nov 23, 2015 | 0 Comments

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As of October 1, 2015, you can be charged and convicted of a criminal offense in Nevada for posting and distributing intimate photos or videos of another person without their knowledge or consent.

AB 49, signed into law by Nevada's governor in June 2015, was designed to address the problem of “revenge porn.” That term refers to naked or sexual videos or pictures of an individual that someone, usually an ex-lover, puts online or otherwise distributes without that person's knowledge or consent.

“Unlawful Dissemination of an Intimate Image”

If you post revenge porn in Nevada, you are committing the criminal offense of “unlawful dissemination of an intimate image.”

Specifically, a person commits the crime of unlawful dissemination of an intimate image in Nevada when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:

  • Did not give prior consent to the electronic dissemination or the sale of the intimate image;
  • Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
  • Was at least 18 years of age when the intimate image was created.

An “intimate image” that could subject someone to criminal penalties under the law includes,

without limitation, a photograph, film, videotape or other recorded image which depicts:

  • The fully exposed nipple of the female breast of another person, including through transparent clothing; or
  • One or more persons engaged in sexual conduct.

Specifically excluded from the definition of an “intimate image” are images in which the person in the image:

  • Is not clearly identifiable;
  • Voluntarily exposed himself or herself in a public or commercial setting; or
  • Is a public figure.

Additionally, it is also a crime under the new law to demand money, property, services or anything else of value from a person in exchange for removing an intimate image from public view.

Nevada Revenge Porn Penalties

Both the unlawful dissemination of an intimate image and demanding money or compensation for removing such an image are Nevada category D felonies. Upon conviction, you could be sentenced to between 1 to 4 years in Nevada State Prison as well as a fine of up to $5,000. You will not, however, have to register as a sex offender.

If you have been charged with a Nevada revenge porn crime, the consequences of a conviction could be severe. Please speak with one of our experienced Nevada criminal defense attorneys as soon as possible to discuss your situation. (See our article on California revenge porn laws.)

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About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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