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Blackmail & Revenge Porn Laws In Nevada

Nevada’s Revenge Porn Laws

In 2015, Nevada joined the increasing number of U.S. states in enacting new legislation criminalizing the unauthorized sharing of intimate images. Commonly known as “revenge porn” or “non-consensual pornography,” this heinous act carries severe penalties upon conviction. While the following information offers a comprehensive overview of this offense and its associated consequences, it is crucial to emphasize that individuals facing charges of this nature should promptly seek legal representation from a knowledgeable Las Vegas revenge porn lawyer who fully comprehends the gravity of these allegations. Contact Spartacus Criminal Defense Lawyers at (702) 660-1234 for a consultation and to learn more about how we can help.

Legal Definition Of Revenge Porn

In Nevada, the offense of “unlawful dissemination of an intimate image” occurs when three specific conditions are met:

  1. A person electronically disseminates or sells an intimate image that 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

Defining An “Intimate Image”

According to Nevada law, an image can be deemed an intimate image, potentially leading to criminal charges, if it depicts one or both of the following scenarios:

  • One or more people engaged in a sexual act
  • The completely exposed nipple of a woman who is the subject of the image in question

Posting an image as revenge porn becomes a crime when it is done deliberately with the intention to harm, harass, or terrorize the person depicted. It’s important to note that not all images or videos fall under the category of revenge porn. There are specific elements that differentiate them. These include images in which:

  • The depicted person is a public figure
  • The depicted person is not clearly identifiable in the image
  • The depicted person has exposed themselves voluntarily in a public or commercial setting

According to Nevada state law (NRS 200.780), the electronic dissemination of an intimate image does not constitute “revenge porn” if it is done for the following reasons:

  • As a legitimate public interest
  • To report unlawful conduct
  • As part of lawful law enforcement or correctional activity
  • As part of the investigation or prosecution of a revenge porn violation
  • As part of the preparation for or use in a legal proceeding.

Similarly, there is a two-year statute of limitations that allows individuals to press charges against those who have shared their intimate images without consent. If you find yourself in this type of situation, don’t hesitate to contact our revenge porn lawyer in Las Vegas.

Las Vegas Criminal Defense ATTORNEY

Examples Of Revenge Porn

One common example of this type of crime involves individuals who, after a breakup, intentionally share intimate or explicit photos or videos of their ex-partner in a publicly accessible manner. Often, these acts of revenge take place on websites specifically created to humiliate someone. It’s important to note that this not only includes sharing such content online but also through email or text messages.

There are also cases where unauthorized individuals, such as computer hackers, unlawfully gain access to personal, intimate, or explicit images. They may then threaten to display or distribute these images unless a payment or other form of compensation is provided, or they may already display them and demand payment for their removal from public view. In the state of Nevada, both the act of posting such images and the act of demanding payment to remove them are considered crimes.

Criminal Charges Associated With Revenge Porn

While the specific charges can vary greatly depending on the specific details of each case, making it challenging to provide an exhaustive list, here are some of the most prevalent charges:

  • Defamation
  • Invasion of Privacy
  • Negligence/Gross Negligence
  • Trespass to Chattels/Trespass to Real Property
  • Intentional Infliction of Emotional Distress

Penalties For Revenge Porn In Nevada

In the state of Nevada, the act of unlawfully spreading intimate images and/or demanding compensation prior to their removal or destruction is considered a Category D felony. Conviction of these offenses carries certain penalties as outlined below.

  • From 1 to 4 years in Nevada State Prison, and
  • Up to $5,000 in fines

Moreover, as there may be several charges that could be applicable on an individual basis, the victim of this crime may also have the opportunity to pursue compensation for additional damages such as pain and suffering or lost wages.

If you or someone you care about has been charged with the crime of unlawfully disseminating an intimate image, along with any other related charges typically associated with this offense, it is crucial for the accused to promptly seek the assistance of a reliable and dedicated Las Vegas revenge porn lawyer. For the best outcome, contact our office today to discuss your legal rights and options through a comprehensive case evaluation.

Frequently Asked Questions

Is Posting Revenge Porn Illegal In Nevada?

Yes, the act of sharing revenge porn is classified as the offense of “unlawful dissemination of an intimate image” in the state of Nevada. This offense consists of specific elements that must be met in order to establish its occurrence.

  1. The perpetrator must possess the intent to harass, harm, or instill terror in another individual
  2. The wrongdoer electronically distributes or sells an intimate photograph or video that portrays another individual
  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

Under Nevada law, it is deemed a criminal offense to request money, services, or any valuable item in exchange for the removal of an image or video from public view.

Who Can Be Held Liable For Revenge Porn In Nevada?

The typical defendant in a revenge porn case is the individual responsible for sharing explicit videos or photographs without consent. Often, this is an ex-partner seeking to inflict harm upon the plaintiff. It is important to note that in most instances, revenge porn victims may not have a legal case against the website hosting the images and videos. However, depending on the specific circumstances, there may be potential grounds for a copyright violation claim.

Can I Go To Jail For Revenge Porn?

In Nevada, the act of electronically disseminating or selling revenge porn is considered a category D felony. Conviction of this offense can result in imprisonment for one to four years, as well as potential fines of up to $5,000. Likewise, the same penalties apply to those who attempt to extort money or compensation in exchange for removing revenge porn. It is important to note that individuals found guilty of revenge porn crimes are not required to register as sex offenders.

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