Suing for "Revenge Porn" in Nevada

It is unlawful in Nevada to post or disseminate revenge porn--naked or sexual images distributed online, typically by a vengeful ex. Victims may be able to sue the perpetrator on various grounds, including:

A judge can order the perpetrator to take down the intimate images and pay the victim substantial compensatory and punitive damages. Posting revenge porn is also a criminal offense in Nevada, carrying up to four (4) years in Nevada State Prison.

In this article our Las Vegas personal injury attorneys answer frequently-asked-questions about revenge porn in Nevada, including claims, money damages, statutes of limitations, and criminal penalties. Click on a topic to jump to that section:

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A person can be held liable for revenge porn both civilly and criminally in Nevada.

1. Can I sue over revenge porn in Nevada?

Yes. Depending on the facts of the case, there are about fifteen causes of action a revenge porn victim can claim in Nevada against the perpetrator:

  1. Intentional Infliction of Emotional Distress1
  2. Defamation - Libel2
  3. Defamation - Slander (if the images/videos were accompanied by oral statements)3
  4. Invasion of Privacy - Appropriation4
  5. Invasion of Privacy - Public Disclosure of Private Facts5
  6. Invasion of Privacy - Intrusion (such as in cases where the victim is being secretly filmed)6
  7. Invasion of Privacy – False Light in the Public Eye7
  8. Intentional Interference with Prospective Economic Advantage (such as if the revenge porn resulted in the victim losing a job)8
  9. Unlawful Acts Motivated by Characteristics of Victim (if the images/videos were posted due to a characteristic of the victim, such as his/her race)9
  10. Fraud in the Inducement (if there is a contract involved)10
  11. Promissory Estoppel (such as if the victim relied on a promise that the photos or videos would not be published)11
  12. Conversion (this is a stretch but might work depending on the circumstances of the case)12
  13. Trespass to Chattels (such as if the perpetrator broke into the victim's phone to get the photos or videos)13
  14. Trespass to Real Property (such as if the perpetrator trespassed into the victim's home to get the photos or videos)14
  15. Negligence, or Gross Negligence15

Every revenge porn case is different, and the unique facts of the case would dictate which claim(s) to bring.

2. Who can I sue over revenge porn in Nevada?

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The typical defendant in a revenge porn case is the person responsible for posting the explicit videos or photographs. In many cases, this is an ex of the plaintiff who is trying to hurt him/her.

In most cases, revenge porn victims do not have a case against the website that is hosting the images and videos.16 Though depending on the circumstances, there may be a potential claim for a copyright violation. 

3. Can a Nevada judge order that revenge porn be taken down from the internet?

Potentially, yes. If a person wins a revenge porn lawsuit, the judge can grant injunctive relief. An injunction can take many forms, such as ordering the defendant to remove the offending photos and videos from the internet.

4. What money can I get if I sue over revenge porn in Nevada?

Depending on the facts of the case, a revenge porn victim may be able to recover the following damages:

Note that Nevada caps punitive damages at $300,000 if the compensatory damages amounts to less than $100,000. Otherwise, the cap is three times (3) the compensatory damages.18

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5. When can I sue over revenge porn in Nevada?

In most revenge porn cases, the statute of limitations is two (2) years in Nevada.19

6. Is posting revenge porn a crime in Nevada?

Yes. Posting revenge porn is considered the Nevada crime of “unlawful dissemination of an intimate image.” The elements of this crime are:

  1. the perpetrator has the intent to harass, harm or terrorize another person; and
  2. the perpetrator electronically disseminates or sells an intimate photograph or video which depicts another person; and
  3. the other person:
  • was at least 18 years old at the time the image was made; and
  • had a reasonable expectation that the image would be kept private and would not be made visible to the public; and
  • did not give consent to the electronic dissemination or sale of the image

Nevada law also makes it a crime to demand money, services or anything of value from a person in return for removing the image or video from public view.20

6.1. Intimate image definition

To be considered revenge porn for criminal purposes in Nevada, the image has to show either the fully exposed nipple of the female breast of another person (including through transparent clothing), or one or more persons engaged in sexual conduct.

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Note that posting revenge porn is not illegal under NRS 200.780 if the person in the image or video is not clearly identifiable, is a public figure, or voluntarily exposed him/herself in a public or commercial setting.21

7. Does posting revenge porn carry prison in Nevada?

Yes. It is a category D felony in Nevada to unlawfully disseminate an intimate image or to demand money or compensation for removing such an image. The penalties range from one to four (1 - 4) years in Nevada State Prison as well as a fine of up to $5,000. Note that people convicted of posting revenge porn do not have to register as a sex offender.22

8. Can I file a police report in Nevada if someone posts revenge porn of me?

Yes, though it is always recommended people consult with an attorney before contacting the police.

9. What should I do if I find revenge porn of me online? 

First, preserve the evidence. One way to do this is to take screen grabs and photos of the computer screen. Then, speak to a personal injury attorney. They will discuss all your options for taking care of this matter as quickly and discreetly as possible.

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Call our Las Vegas personal injury attorneys at 702-DEFENSE for a FREE consultation.

Call a Nevada personal injury attorney...

Did someone post intimate images or videos of you on the internet? Call our Las Vegas revenge porn attorneys for a free consultation today. We will do everything to try to get the images taken down and secure you with the biggest financial damages possible. It is risk-free to you because we do not get paid unless you win.


Legal References:

  1. Maduike v. Agency Rent-A-Car, 953 P.2d 24, 26 (Nev. 1998).
  2. Libel. Wellman v. Fox, 825 P.2d 208 (Nev. 1992); City of Las Vegas Downtown Redev. Agency v. Hecht, 940 P.2d 134, 138 (Nev. 1997).
  3. Nev. Indep. Broadcasting Corp. v. Allen, 664 P.2d 337, 344 (Nev. 1983); Branda v. Sanford, 637 P.2d 1223, 1225 (Nev. 1981).
  4. NRS 597.790; NRS 597.810; Hetter v. Eighth Jud. Dist. Ct, 874 P.2d 762, 765 (Nev. 1994).
  5. Montesano v. Donrey Media Group, 668 P.2d 1081, 1084 (Nev. 1983).
  6. People for the Ethical Treatment of Animals v. Berosini, 895 P.2d 1269, 1279 (Nev. 1995).
  7. Id.
  8. Wichinsky v. Mosa, 847 P.2d 727, 729-30 (Nev. 1993).
  9. NRS 41.690.
  10. J.A. Jones Constr. Co. v. Lehrer McGovern Bovis, Inc., 89 P.3d 1009, 1087 (Nev. 2004).
  11. Pink v. Busch, 691 P.2d 456, 459 (Nev. 1984).
  12. M.C. Multi-Family Dev. v. Crestdale Assocs., Ltd., 193 P.3d 536 at 542 (Nev. 2008); Kremen v. Cohen, 337 F. 3d 1024 (9th Cir. 2003). 
  13. Restatement (Second) of Torts §218.
  14. Lied v. Clark County, 579 P.2d 171, 173-74 (Nev. 1978).
  15. Batt v. State, 901 P.2d 664, 667 n.5 (Nev. 1995); Sanchez v. Wal-Mart Stores, 221 P.3d 1276, 1280 (Nev. 2009).
  16. See 47 U.S.C. § 230(c).
  17. NRS 41A.035 
  18. NRS 42.005.
  19. NRS 11.190.
  20. NRS 200.780.
  21. Id.
  22. Id.

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