Is “revenge porn” a crime in Nevada?

Posted on May 11, 2021

Yes. Revenge porn – which is selling or posting online naked or sexual photos or videos without the consent of the person depicted – is a category D felony in Nevada.

Formally called unlawful dissemination of intimate image, revenge porn carries penalties of 1 to 4 years in Nevada State Prison as well as a fine of up to $5,000. But there is no requirement that convicted defendants register as sex offenders.

What is the legal definition of revenge porn?

A person commits the Nevada crime of unlawful dissemination of an intimate image when the following three conditions are true:

1. A person electronically disseminates or sells an intimate image which depicts another person; and
2. The person disseminating the image has the intent to harass, harm, or terrorize the person in the image; and
3. The person in the image:

• • Did not give prior consent to the electronic dissemination or the sale of the intimate image; and
  • 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.¹

The definition of intimate image includes 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.

This does not include images where the person in the image:

• Is not clearly identifiable; or
• Voluntarily exposed himself or herself in a public or commercial setting; or
• Is a public figure.²

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.³

The defendants in many revenge porn cases are angry ex-lovers. But it is not a requirement that the defendant and person in the images know each other or have had a relationship.

Can I go to jail for revenge porn?

Yes. Electronically disseminating or selling revenge porn is a category D felony in Nevada, carrying one to four years in prison and possibly up to $5,000. These same penalties are also imposed for demanding money or compensation for removing revenge porn.

Note that defendants convicted of revenge porn crimes do not have to register as a sex offender.⁴

How do I fight the charges?

Five common defenses to Nevada revenge porn charges include:

1. The victim consented to the images being disseminated;
2. The defendant was falsely accused, and someone else disseminated the images;
3. The defendant had no intent to harm, harass, or terrorize;
4. The defendant did not have a reasonable expectation that the images would be kept private; or
5. The offending photos or videos do not meet the legal definition of “intimate image.”

How soon can the record be sealed?

Defendants convicted of revenge porn in Nevada must wait five years after the case ends to petition the court for a criminal record seal. But if the charge gets dismissed, the defendant can petition for a record seal right away.⁵

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In California? See our article on California revenge porn laws.

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