Bill Summary for H 792 (2015-2016)

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Summary date: 

Apr 22 2015

Bill Information:

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.

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Bill 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.