The General Assembly recently enacted a new “revenge porn” statute. S.L. 2015-250. The law actually gives the offense a tamer name: Disclosure of Private Images. The statute takes effect December 1, 2015, and applies to offenses committed on or after that date. Here’s what you need to know about the new crime. Statute G.S. 14-190.5A Elements A person guilty of this offense: (1) knowingly (2) discloses an image of another person (3) with the intent to (a) coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, or (b) cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, and (4) the depicted person is identifiable from the disclosed image or from information offered in connection with it, (5) the depicted person's intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image, (6) the person discloses the image without the affirmative consent of the depicted person, and (7) the person discloses the image under circumstances such that he or she knew or should have known that the depicted person had a reasonable expectation of privacy. G.S. 14-190.5A(b). Punishment If the defendant is 18 or older at the time of the offense, Class H felony. G.S. 14-190.5A(c)(1). If the defendant is less than 18 years old at the time of the offense, a first offense is a Class 1 misdemeanor and a second or subsequent offense is a Class H felony. G.S. 14-190.5A(c)(2) & (3). Notes [...]
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