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There’s no doubt that breaking up is hard to do. Unfortunately, many people take the pain of a breakup and manifest it in harmful ways. They sometimes take petty and hurtful actions in order to hurt the other person. But while most of these actions aren’t illegal, there are some that cross the line.
With the increased prevalence of cell phones, many couples are taking more intimate photos and videos of themselves and one another. But when one person shares these images or videos without the permission of the other person(s) in them, this is illegal and is commonly known as “revenge porn.”
North Carolina Revenge Porn Laws
In 2017 North Carolina passed a new law that would allow the prosecution of an individual who took the photos or videos without the other person featured knowing. Previously, the law prohibited prosecution if the featured person didn’t know the images were taken. The 2017 law made prosecution possible in situations in which the featured person was unaware that their picture had been taken or they had been filmed.
The reason behind the change is that it was agreed that the act of taking someone’s picture or video in such a state without permission in and of itself seemed like a violation of privacy rights, so therefore sharing those same images without permission also seemed like a violation.
In order for someone to be convicted of revenge porn, they must:
- Share an intimate image of another person without their permission;
- The person who shared the image had mal-intent;
- There exists or existed a personal relationship between the parties; and
- There was a reasonable expectation of privacy.
1. Intimate Images
An image is considered “intimate” if it includes any of the following body parts:
- Male or female genitalia
- The female or male pubic area
- The anus of either gender
- The nipple, if a female is over age 12
These images are especially intimate when they include an identifying feature of the person pictured.
2. Mal-Intent
There’s no doubt that it can be extremely embarrassing for any type of intimate picture to reach someone else’s eyes without your approval. However, in order to succeed on a revenge porn case the prosecution must be able to show that the individual who shared the image did so in order to do one of the following to the victim:
- Harass
- Intimidate
- Demean
- Humiliate
- Coerce
- Result in financial loss
It may also be enough to satisfy this factor if the person who shared the image with others knew that the others would act in one of the above manners.
3. Personal Relationship
What is considered a personal relationship under North Carolina law?
- Current or former spouses
- Persons of the opposite sex who currently live or have lived together
- Parents and children, including designated guardians
- Those who have a child in common
- Current or former household members
- Persons of the opposite sex who are in a dating relationship or have been in a dating relationship
4. Reasonable Expectation of Privacy
In order to meet a reasonable expectation of privacy, it’s not enough for the defendant to state that the victim never explicitly told them to keep the image to themselves. An expectation of privacy need only be reasonable. A reasonable expectation of privacy is more easily proven in a personal relationship since trust is generally involved.
What Are the Consequences?
Under North Carolina law, revenge porn is a Class H felony. However, for minors, their first-time offense can be tried as a Class 1 misdemeanor. Any subsequent offenses of the same nature would also result in being tried as a Class H felony.
Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime
A criminal conviction for revenge porn in North Carolina can have a very long-lasting impact on your life. Not only can it affect your freedom, your rights, and your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.
At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight these charges and obtain the best possible outcome for you. To learn more or to schedule a free consultation, contact us today!