“Revenge porn” (disclosure of private images in NC) – In North Carolina, it is against the law to disclose private images of someone if the disclosure is being used to harass, coerce, demean, humiliate, or cause financial loss to the person. This crime is usually referred to as “disclosure of private images” and is governed by N.C.G.S. 14-190.5A. This can also be known as “revenge porn”, “leaking nudes”, or “exposing” someone that has taken explicit pictures of themselves and sent it to someone in “confidentiality.” This crime is typically a felony.

This blog is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a criminal defense attorney.

A person is guilty of this offense if they:

1. knowingly
2. disclose an image of another person
3. with the intent to
   • coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, or
   • 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 person depicted expected the images to remain private

What constitutes an image for purposes of this crime?

A photograph, film, videotape, recording, live transmission, digital or computer-generated visual depiction, or any other reproduction that is made by electronic, mechanical, or other means.

What does it mean to “disclose” the image?

To transfer, publish, distribute, or reproduce.

Intimate parts/sexual contact

As noted above, the subject’s “intimate parts” must be exposed OR the subject must be engaged in sexual contact.

• Intimate parts include any of the following naked human parts
  • male or female genitals
  • male or female pubic area
  • male or female anus
  • the nipple of a female over the age of 12.
• Sexual conduct defined
  • Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted.
  • Masturbation, excretory functions, or lewd exhibition of uncovered genitals.
  • An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume.

Person must be identifiable

In order for a disclosure of private images to have taken place, the depicted person must be identifiable. A person can be identifiable by the depiction in the disclosed image itself or by information provided with the photo. For example, the depicted person’s face may be showing or the photo may include some text indicating the person’s identity.

Punishment for public disclosure of private images (“revenge porn”)

• If the person is 18 years of age or older at the time of the offense:
  • Class H felony
• If the person is under 18 years of age at the time of the offense:
  • Class 1 misdemeanor for first offense
  • Class H felony for second or subsequent offense

Exceptions                                                              

The following types of disclosures are not precluded under this statute:

• Images involving voluntary exposure in public or commercial settings
• Disclosures made in the public interest, including, but not limited to, the reporting of unlawful conduct or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, medical treatment, or scientific or educational activities
• Providers of an interactive computer service, as defined in 47 U.S.C. § 230(f), for images provided by another person.

If you or a loved one has been charged with a crime in North Carolina or South Carolina, contact us to set up a consultation with a criminal defense attorney.