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DISSEMINATION OF INTIMATE IMAGE IN NEVADA

* The following article is for general interest. It not intended for legal advice for your particular matter. If you have questions about your case, call our office to speak with an attorney. Tel: (702) 940-1234
This article is valid as of March 9, 2017.


In 2015, Nevada made it illegal to disseminate intimate images. NRS 200.765. Intimate images are defined as any recorded image, such as a photograph, film or videotape which depicts:
(a) The fully exposed nipple of the female breast of another person, including through transparent clothing; or
(b) One or more persons engaged in sexual conduct.

Sexual conduct is defined in NRS 200.775 as: sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person's body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

Intimate images specifically do not include images in which the person is not clearly identifiable, if she or he voluntarily exposed himself or herself in a public or commercial setting, or images of A public figure.

It is illegal for a person to disseminate intimate images if the following criteria are met: (1) he or she intended to harass, harm or terrorize another person; (2) he or she electronically disseminated or sold an intimate image which depicted the other person: (3) and the other person:
(a) Did not give prior consent to the electronic dissemination or the sale of the intimate image;
(b) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
(c) Was at least 18 years of age when the intimate image was created.

A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony and shall be punished by not less than 1 year and a not more than 4 years in prison and by a fine of up to $5,000.

The law does not apply to the electronic dissemination of an intimate image for the purpose of:
(a) A legitimate public interest;
(b) Reporting unlawful conduct;
(c) Any lawful law enforcement or correctional activity;
(d) Investigation or prosecution of a violation of this section; or
(e) Preparation for or use in any legal proceeding.

It is also illegal to demand payment of money, property, services or anything else of value from a person in exchange for removing an intimate image from public view. This is a category D felony and is punishable by a minimum of 1 year and up to 4 years in prison and a $5000 fine.

Further, a person who commits the crime of unlawful dissemination of an intimate image is not considered a sex offender and is not subject to registration or community notification as a sex offender.

Finally, the interactive computer service is not liable for any content provided by a person under this law.

As of March 9, 2017, there is no Nevada case law discussing or interpreting this statute. Please call our office with any questions.

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