PRIVACY/PROTECTION FROM REVENGE POSTINGS.

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View NCGA Bill Details2015-2016 Session
House Bill 792 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROTECT THE PUBLIC FROM REVENGE POSTING ONLINE BY MAKING IT A CRIMINAL OFFENSE TO DISCLOSE CERTAIN IMAGES IN WHICH THERE IS A REASONABLE EXPECTATION OF PRIVACY AND TO MAKE INDECENT EXPOSURE THAT OCCURS ON PRIVATE PREMISES A CRIMINAL OFFENSE.
Intro. by Bryan.

Status: Ch. SL 2015-250 (House Action) (Sep 25 2015)

SOG comments (1):

Long Title Change

Senate committee substitute to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT TO PROTECT THE PUBLIC FROM REVENGE POSTING ONLINE BY MAKING IT A CRIMINAL OFFENSE TO DISCLOSE CERTAIN IMAGES IN WHICH THERE IS A REASONABLE EXPECTATION OF PRIVACY.

Bill History:

H 792/S.L. 2015-250

Bill Summaries:

  • Summary date: Sep 28 2015 - View Summary

    AN ACT TO PROTECT THE PUBLIC FROM REVENGE POSTING ONLINE BY MAKING IT A CRIMINAL OFFENSE TO DISCLOSE CERTAIN IMAGES IN WHICH THERE IS A REASONABLE EXPECTATION OF PRIVACY AND TO MAKE INDECENT EXPOSURE THAT OCCURS ON PRIVATE PREMISES A CRIMINAL OFFENSE. Enacted September 25, 2015. Effective December 1, 2015.


  • Summary date: Sep 14 2015 - View Summary

    Conference report makes the following changes to the 4th edition.

    Amends the definition for intimate parts as found in proposed GS 14-190.5A (Disclosure of private images), concerning the criminal offense known as "revenge postings," to make the definition applicable to both the female and male sexes (previously, the term "intimate parts" only included specified female body parts), with the exception of nipple, which includes only nipples of a female over age 12.  Deletes all the provisions which established the offense of disclosure of private images and replaces the deleted provisions with language that provides that a person is guilty of disclosure of private images when (1) the person knowingly discloses an image of another person with the intent to either (i) coerce, harass, intimidate, demean, humiliate, or cause financial loss or (ii) cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss, (2) the depicted person is identifiable from the image or from accompanying information, (3) the depicted person's intimate parts are exposed or the person is engaged in a sexual conduct, (4) the person discloses the image without affirmative consent, and (5) the person disclosing the image knew or should have known that the depicted person had a reasonable expectation of privacy.

    Amends proposed language in GS 14-190.5A(f) to provide that civil cause of actions for such disclosures cannot be brought more than one year after the initial discovery with no such civil action ever being commenced more than seven years from the most recent disclosure of the private image. 

    Deletes proposed GS 1-51.1, which established a four-year time limit to bring suits or actions against individuals for disclosures described and prohibited in GS 14-190.5A.

    Enacts new GS 1-54(11) concerning time limitations in regards to civil procedure providing that no suit, action, or proceeding arising from GS 14-190.5A can be brought or commenced after one year from the initial discovery of the punishable disclosure, with no such civil action ever being commenced more than seven years from the most recent disclosure of the private image.

    Makes organizational and clarifying changes.


  • Summary date: Aug 5 2015 - View Summary

    Senate amendments make the following changes to the 3rd edition, as amended. 

    Amendment #5 enacts new GS 14-190.9(a5) making it a Class 2 misdemeanor for any person in a private place to willfully expose his or her private parts with the knowing intent to be seen by a person in a public place. 

    Amendment #6 creates a new subsection specifying the criminal penalties for disclosure of private images for those under 18 years of age. A first offense by a person under 18 years of age is a Class 1 misdemeanor and a second offense by such a person, or any offense by a person 18 years of age or older, is a Class H felony. The amendment clarifies that a violation is an offense additional to other civil and criminal provisions and does not repeal or preclude other sanctions or remedies. It also makes technical changes. 


  • Summary date: Jul 28 2015 - View Summary

    Senate amendments make the following changes to the 3rd edition.

    Amendment #1 directs the Joint Legislative Oversight Committee on Justice and Public Safety to study the issue of the disclosure of images of people superimposed on other explicit images, specifically the criminal or civil actions that could result from such disclosures. Requires the Committee to report to the General Assembly on findings by April 1, 2016. 

    Amendment #2 enacts new GS 1-51.1, establishing a four-year time limit to bring suits or action against individuals for disclosures described and prohibited in GS 14-190.5A concerning specified disclosures of private images.

    Amendment #3 enacts new GS 14-190.9(a4) making it a Class 2 misdemeanor for individuals 18 years of age or older to willfully expose their private parts in a private residence of which the individual is not a resident when in the presence of any other individual who is less than 16 years old who is a resident of that private residence. 


  • Summary date: Jul 23 2015 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition. 

    Adds a section to the bill amending GS 14-190.9 to make it a Class 2 misdemeanor for a person to willfully expose his or her private parts in the presence of anyone other than a consenting adult on another's premises or so close to another's premises that he or she can be seen from that private premises for the purpose of arousing or gratifying sexual desire.

    Amend the act's long title.


  • Summary date: Apr 22 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Enacts new GS 14-190.5A (Disclosure of private images), in Article 26 of GS Chapter 14 (was, GS 14-401.26 in Article 52 of GS Chapter 14). Makes clarifying changes to the definitions, adding a definition for personal relationship, and amending the definitions for intimate partsand reasonable expectation of privacy. Replaces the term "sexual act" with "sexual conduct" and rewrites the definition to reflect sexual conduct.

    Adds an intent element to the offense.

    Expands the exceptions to which this statute does not apply to include (1) disclosures made in the public interest that report scientific or educational activities and (2) providers of an interactive computer service, as defined in 47 USC 230(f), for images provided by another person.

    Provides that a person whose image is disclosed or used as described in subsection (b) of this section has a civil cause of action for damages against the person who disclosed or used the image in addition to any other remedies at law or in equity, including a court order to destroy any image disclosed in violation of this statute.

    Amends the bill's long title, replacing the phrase "making it a felony" with "making it a criminal offense."

    Provides that this act applies to offenses committed on or after the effective date, December 1, 2015, and to actions initiated on or after that date.


  • Summary date: Apr 16 2015 - View Summary

    Enacts new GS 14-401.26 to make it a Class H felony to knowingly disclose an image of another identifiable person whose intimate parts are exposed or who is engaged in a sexual act, when the person knows or should have known that the depicted person has not consented to such disclosure and under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy. Sets out exceptions for images involving voluntary exposure in public or commercial settings, and disclosures made in the public interest. Gives any person whose image is disclosed, or used, a civil cause of action for the recovery of actual damages, but not less than liquidated damages, to be computed at the rate of $1,000 per day for each day of the violation or in the amount of ten thousand dollars ($10,000), whichever is higher; punitive damages; and reasonable attorneys' fees and other litigation costs. Effective December 1, 2015.