In an effort to keep pace with the posting of sexual or private images, videos and live stream on social media, the North Carolina Revenge Porn statute, G.S. 14‑190.5A, has been significantly modified. The Revenge Porn law is the mechanism by which public disclosure of intimate images is criminally punished. Previously the law required that a “personal relationship” exist between the defendant and the subject of the image but no longer. All that is required is the publication of intimate content intended for humiliation, coercion, intimidation or financial loss. Violation of the statute is a felony for adults and repeat offender minors and a misdemeanor for those under 18. The crime is complete if the defendant:
(1) posts an image, video or live stream,
(2) of “naked human parts” (genitals, pubic area, anus, woman’s nipple) or sexual, excretory or lewd exhibitionistic activity,
(3) of a person who is identifiable either in the image or by accompanying information,
(4) without that person’s consent or with an expectation that the image would remain private and
(5) disclosure is intended to harass, intimidate, embarrass or cause financial
loss to the depicted person.
Under this modification, the defendant does not even have to know the victim and the victim doesn’t have to be aware of the taking of the image(s). Photographing a person with a telephoto lens when they were unclothed or engaging in a sexual act would qualify if performed with the required intent.
I can foresee First Amendment challenges to some of the wording used: “normal or perverted” and “clad in revealing or bizarre costume.” Additionally, the legislature expressly mentioned that the scenario wherein an identifiable person’s head was superimposed onto another body was not within the scope of this law but would be “studied” and may be the the subject of the next modification.
REVENGE PORN LAW- TAKE 2
