AN ACT relating to crimes; expanding the crime of unlawful dissemination of an intimate image to include certain acts relating to the distribution of certain photorealistic images, digital images, computer images and computer-generated images; providing an exception to the crime of unlawful dissemination of an intimate image for persons who are less than 18 years of age; revising the definition of “intimate image”; providing penalties; and providing other matters properly relating thereto.

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, computer images and computer-generated images. (NRS 200.770) Section 1 also eliminates an exception under existing law that excludes from the definition of “intimate image” an image depicting a public figure. 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 expands the scope of the crime to also include the distribution of certain photorealistic images, digital images, computer images and computer-generated images. Specifically, section 2 provides that 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 knowingly distributes or causes to be distributed an intimate image if: (1) the image 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. Section 2 further provides that the prohibition against disseminating an intimate image, both under existing law and as expanded by section 2, does not apply if the person who commits the violation is less than 18 years of age.