Bill Summary for H 792 (2015-2016)

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Summary date: 

Sep 14 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

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.