Bill Summary for H 792 (2015-2016)

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Summary date: 

Apr 16 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

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.