What is the Disclosure of Private Images?
In North Carolina, a person is guilty of disclosure of images if all of the following apply:
The defendant person knowingly discloses a private image of another person with the intent to do either of the following:
Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed private image.
The images disclosed by the defendant person without the affirmative consent of the depicted person.
The defendant person obtained the private image without consent of the depicted person or under circumstances such that the defendant person knew or should have known that the depicted person expected the images to remain private.
What does it mean to Disclose?
Under N.C. Gen. Stat. § 14-190.5a disclosure of private image, a person knowingly “discloses” an image if they transfer, publish, distribute, or reproduce the image.
What is an Image?
An “image” under this statute includes a photograph, film, videotape, recording, live transmission, digital or computer-generated visual depiction, or any other reproduction that is made by electronic, mechanical, or other means.
Penalties for Disclosure of the Private Images
If you are over the age of 18, or if you are under the age of 18 and this is your second offense, you could be charged with a r conviction could result in a Class H felony. A Class H felony could carry an active sentence of 4 to 25 months imprisonment.
If you are under 18 years of age and this is your first offense, you could be charged with a conviction could result in a Class 1 Misdemeanor which could carry a sentence of 1 to 120 days in jail.
Let North Carolina Attorney Lindsey Granados Help You With Your Disclosure of the Private Images Charge
If you need a lawyer in the Raleigh area to assist you with your disclosure of private image charge, contact Granados Law Group, PLLC. Attorney Lindsey Granados is an experienced defense attorney and she cares about her clients. Let Lindsey answer any questions you may have about your charge today. Call Lindsey at (919) 230-8783, or email her at lindsey@granadoslaw.com for a free Wake County Disclosure of Private Images consultation today.
