In December 2015, North Carolina became the ninth state in the United States to enact a law against the disclosure of private images, also known as “revenge porn.” The law, called the Disclosure of Private Images Act, makes it illegal to intentionally disclose or distribute sexually explicit images of another person without their consent.
The law applies to images or videos that depict nudity or sexual activity and were taken or obtained under circumstances where the individual had a reasonable expectation of privacy. This includes images or videos that were taken in a private setting, such as a bedroom or bathroom, or that were taken without the person’s knowledge or consent.
The law is designed to protect individuals from having their intimate images or videos shared online without their consent. In many cases, this type of disclosure can be extremely damaging to a person’s reputation, personal and professional life, and can even lead to harassment, stalking, and other forms of abuse.
Under the law, individuals who disclose or distribute private images can be charged with a Class H felony, which carries a maximum penalty of 39 months in prison and a $10,000 fine. Additionally, victims of revenge porn can seek civil damages from the person who distributed the images, including compensation for emotional distress, damage to reputation, and other related expenses.
It’s important to note that the law does not apply to images or videos that are obtained and distributed by law enforcement agencies in the course of an investigation or legal proceedings. Additionally, the law does not apply to images or videos that are disclosed for legitimate purposes, such as medical treatment or scientific research.
While the Disclosure of Private Images Act is a step in the right direction in protecting individuals from revenge porn, it’s important to note that the law is not a silver bullet. In many cases, victims of revenge porn may still face challenges in getting their images removed from the internet or seeking justice for the harm caused by the disclosure.
As such, it’s important for individuals to take proactive measures to protect their privacy and prevent the disclosure of private images. This includes being careful about who they share intimate images with, using secure technology to store and share images, and being aware of the risks and consequences of sharing private images online.
If you or someone you know is a victim of revenge porn, you should consult a lawyer who is experienced with these issues.
