At both the federal and state level, investigation and prosecution of cybercrime is becoming more and more important as technology becomes an increasingly important part of our lives. Here in North Carolina, a batch of new laws is set to go into effect in December and among them are new measures targeting so-called “revenge porn” and cyber-stalking.
For those unfamiliar with the term, revenge porn refers to the posting online of explicit sexual images as a way of embarrassing or harassing another, typically a former partner. At present, 26 states have specific laws targeting revenge porn, and these various measures differ in detail. The new revenge porn measure in North Carolina has its own unique features.
Under the new law, it is a felony to disclose private images, not only electronically, but by transferring, publishing, distributing or reproducing a photograph, film, videotape, recording, digital file, or other reproduction.
The specific elements of North Carolina’s revenge porn law are:
- The individual must have knowingly disclosed the images with the intent of harassing, intimidating, demeaning, humiliating, or causing financial loss, or causing others to do these things;
- The person depicted in the image is identifiable either from the image itself of the information displayed in connection with the image;
- Intimate parts or sexual conduct is displayed;
- The image is disclosed without the consent of the individual displayed;
- The person disclosing the image knew or should have known that the depicted individual had a reasonable expectation of privacy.
In our next post, we’ll continue discussing the new laws passed by North Carolina lawmakers and why it is important to work with an experienced criminal defense attorney when facing charges.
End Revenge Porn, “26 States Have Revenge Porn Laws,” Accessed Dec. 1, 2015.