Revenge Porn – Legalities in Las Vegas
Technology has pervaded almost every aspect of life, opening the doors for a variety of new crimes that weren’t previously an issue. One crime that has grown across the country is revenge porn, or sharing material portraying someone (in explicit imagery or video content) who did not give consent for the person to share his or her image to the public. Today, 34 states – including Nevada – have passed “revenge porn” laws to try to put an end to this type of heinous criminal activity, and the specific Las Vegas revenge porn consequences can be severe.
Nevada’s Bill No. 49: Rules and Exceptions
Nevada has passed a bill that makes the unlawful dissemination of an intimate image a category D felony. This bill establishes the release of an intimate image of a person against the law under certain circumstances. According to Nevada law, an “intimate image” can be a photograph, video, film, or a recorded image that depicts one or more people engaged in sexual conduct. The only exceptions to this law is if the person in the image is not clearly identifiable, voluntarily exposed him or herself in a public setting, or is a public figure.
For the law to consider a case of intimate image sharing a felony, the accused must have the intent to cause harm, harass, or terrorize the person in the image. This is where the term “revenge porn” initially came from – cases of angry or heartbroken ex-lovers posting images of their spouses sent to them or taken in a consensual manner with the intent to embarrass or harm the person. When people intentionally post explicit images to cause emotional distress, Nevada law has repercussions.
This offense applies to content shared online and offline, including uploading images to the Internet, sharing images via text or e-mail, and showing someone a physical or electronic image. As this offense became more and more of an issue in the country, lawmakers responded by making it a specific offense punishable by law. While lawmakers intend this law to protect victims, many of Nevada’s artists and image distributors are now worried about repercussions for selling explicit images in their shops.
Legal Repercussions of Revenge Porn
If someone gets caught posting intimate images or videos of someone else without consent and/or to do the person harm, he or she could face major fines and even jail time. According to the law, the courts may find someone guilty of this felony when he or she disseminates or sells an intimate image in which the person:
- Did not give consent to the circulation or sale of the image.
- Had a reasonable expectation the accused would keep the image private and not visible to the public.
- Was at least 18 years old when the accused created the image.
Upon conviction, criminals face between one and four years in a Nevada state prison and a fine of up to $5,000. Convictions do not require the guilty party to register as a sex offender. The courts may also charge a person with a category D felony if he or she demands something of value from a person, such as money, property, or services in exchange for removing the intimate image from the public eye.
If you’re facing charges for a Nevada revenge porn crime, speak with an experienced Las Vegas criminal defense attorney as soon as possible. Always seek the help of an attorney as soon as you discover someone has circulated or made public an intimate image of you that you did not give your consent for, or in the event someone is accusing you of disseminating his or her image via revenge porn.