Existing law establishes the crime of unlawful dissemination of an intimate image and provides that a person who unlawfully disseminates an intimate image of a person is guilty of a category D felony. (NRS 200.780) Under existing law, a person is also guilty of a category D felony if the person makes certain demands from a person in exchange for removing an intimate image from public view. (NRS 200.785) Section 1 of this bill expands the definition of “intimate image” for the purpose of these provisions to include certain photorealistic images, digital images, electronic images, computer images, computer-generated images and other pictorial representations. (NRS 200.770) Under existing law, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person: (1) did not give prior consent to the electronic dissemination or sale; (2) had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and (3) was at least 18 years of age when the intimate image was created. (NRS 200.780) Section 2 of this bill additionally provides that a person who is 18 years of age or older commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person distributes or causes to be distributed an intimate image if: (1) the image or representation is created in a way that would lead a reasonable person to believe it is an actual depiction of the person depicted; and (2) the other person did not give prior consent to the distribution of the image. Existing law defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a sex offender, to comply with certain mandatory conditions of probation or parole and to fulfill certain other requirements. (NRS 118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 213.1245) Section 3 of this bill revises the list of sexual offenses to which these statutory provisions apply to include unlawful dissemination of an intimate image pursuant to section 2. Section 2 makes a conforming change by eliminating provisions of existing law which provide that 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. (NRS 200.780)

Statutes affected:
As Introduced: 200.770, 200.780, 179D.097
BDR: 200.770, 200.780, 179D.097