Revenge porn is a common reaction to people who want to deal out punishment for what they view as a wrongdoing. Being a category D felony in Nevada, is selling or posting online naked or sexual photos or videos without the consent of the person depicted, which is referenced as revenge porn. Revenge porn, formally called unlawful dissemination of intimate image, carries penalties of 1 to 4 years in Nevada State Prison as well as a fine of up to $5,000. However, there is no requirement that convicted defendants register as sex offenders. Today, we at Kajioka & Associates, Attorneys at Law would like to delve more into revenge porn.
Legal Definition of Revenge Porn
When the following three conditions are true, a person commits the Nevada crime of unlawful dissemination of an intimate image.
1) Depicting another person, a person electronically disseminates or sells an intimate image.
2) The person in the image was intended to harass, harm, or terrorize by the person disseminating the image.
3) The subject of the image does not give prior consent to the electronic dissemination or the sale of the intimate image; the intimate image would be kept private and would not be made visible to the public; and when the intimate image was created was at least 18 years of age. Including a photograph, film, videotape or other recorded image, the definition of intimate image has one or more persons engaged in sexual conduct in addition having fully exposed nipple of the female breast of another person, including through transparent clothing. Additionally, this does not include images where the person in the image is not clearly identifiable, in a public or commercial setting, voluntarily exposed himself or herself, or is a public figure.
Is it Illegal to Bribe Someone?
In exchange for removing an intimate image from public view, the demand of money, property, services or anything else of value from a person is also a crime under the new law. In many revenge porn cases, the defendants are angry ex-lovers. However, the defendant and person in the images know each other or have had a relationship is not a requirement.
Can You Go to Jail for Distribution of Intimate Images Without Consent?
Carrying one to four years in prison and possibly up to $5,000, electronically disseminating or selling revenge porn is a category D felony in Nevada. For removing revenge porn, these same penalties are also imposed for demanding money or compensation. Also, defendants convicted of revenge porn crimes do not have to register as a sex offender.
Legal Defenses for Fighting Revenge Porn Charges
1) The images being disseminated is consented by the victim.
2) Someone else disseminated the images and the defendant was falsely accused.
3) No intent to harm, harass, or terrorize by the defendant.
4) There was no reasonable expectation that the images would be kept private by the defendant.
5) The legal definition of “intimate image” is not met by the offending photos or videos.
Time Frame to Seal the Record. In Nevada, defendants convicted of revenge porn must wait five years after the case ends to petition the court for a criminal record seal. The defendant can petition for a record seal right away if the charge gets dismissed.
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