Revenge porn involves the unauthorized distribution of intimate images. Below, Liberty Law Group provides an overview of what constitutes revenge porn under Nebraska law. We’ll also go over the potential penalties and defenses that may be available, and why hiring a criminal defense attorney is important for those who are criminally charged.
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Revenge Porn in Nebraska
- How Revenge Porn is defined and prosecuted in Nebraska
- How a legal team can defend against Revenge Porn charges
- How a lawyer can help someone accused of filming, distributing or threatening to create Revenge Porn
- Additional Resources
What is Revenge Porn in Nebraska?
Nebraska Revised Statute 28-311.08 criminalizes the unauthorized sharing of intimate images, a form of privacy violation often termed as “revenge porn.” This Nebraska statute covers several actions that constitute an offense. First, the law makes it illegal to photograph, film, or record the intimate area of a person without their consent, whether in public or in private. Under Nebraska law, “intimate area” means genitalia, pubic area, buttocks, or female breast. This offense is classified as a Class IV felony that is punishable by 0-2 years in prison followed by 9-12 months of post-release supervision and/or a fine of as much as $10,000.
Secondly, the distribution or publicizing of images or videos, obtained without consent, is also a punishable offense. This is the core of what is commonly referred to as revenge porn – distributing intimate images or videos of someone without their consent, often with malicious intent. A first or second violation of distributing or making public an image or video without consent is classified as a Class IIA felony. This carries a penalty of 0-20 years in prison. A third or subsequent violation of distributing or making public an image or video without consent is classified as a Class II felony. The punishment for this class is 1-50 years in prison.
Additionally, It’s illegal for anyone to share or publish a photo or video of someone else’s private parts or of them in a sexual act if the person in the image or video expected it to stay private, they did not agree to it being shared, and there’s no legitimate reason for sharing it. A first offense is a Class I misdemeanor punishable by up to 1 year in jail and/or up to a $1,000 fine. A repeat offense is classified as a Class IV felony that is punishable by 0-2 years in prison followed by 9-12 months of post-release supervision and/or a fine of as much as $10,000.
Also, it’s illegal to threaten to share such images or videos to scare or harass someone. This is considered a Class I misdemeanor punishable by up to 1 year in jail and/or up to a $1,000 fine.
Additionally, the law requires sex offender registration under certain circumstances, particularly when the victim is a minor and the offender is nineteen years of age or older.
What are Some Defenses to Revenge Porn in Nebraska?
Defenses to revenge porn charges in Nebraska can vary based on the specifics of each case. A common defense is the lack of knowledge or intent, where the defendant may argue they did not knowingly or intentionally record or distribute the intimate image or video.
Another potential defense is consent. The defendant might claim that the person depicted in the image or video had consented to the recording and subsequent distribution.
Additionally, the defense may focus on the public visibility of the intimate area. If it can be established that the recorded intimate area was visible to the public, and therefore not subject to reasonable expectations of privacy, this could be a valid defense.
Another defense is mistaken identity. This defense means arguing that the wrong person is accused of sharing or recording explicit images. It involves showing that evidence against them is weak or wrong, proving they were somewhere else at the time, or that they couldn’t have done it technically.
Finally, this particular Nebraska law sets a three-year period for an indictment or filing of the complaint, and that period begins from the latest of three possible events: the crime’s commission, when law enforcement or the victim becomes aware of the crime, or when the youngest victim turns 21. If the alleged act occurred beyond this period, the individual cannot be prosecuted.
How Can a Criminal Defense Lawyer Help Someone Facing Revenge Porn Charges
A criminal defense lawyer assists clients who are charged with revenge porn or other sex offenses by carefully analyzing the evidence, identifying potential legal defenses, and developing a strong defense strategy. They guide clients through legal procedures, ensuring their rights are protected throughout the process. The lawyer can negotiate with prosecutors, seeking to reduce or dismiss charges when possible. They provide representation in court, advocating on behalf of the client and challenging the prosecution’s evidence, all in hopes of getting the client the best outcome possible given the circumstances.
Additional Resources
Reporting Revenge Porn – Visit the official website for the Federal Trade Commission to learn more about how to seek the removal of unauthorized content from various platforms. Access the site to find the number for the relevant national crisis hotline. Find more information on cyber removal documentation too, as it is important to document an infraction before requesting that it be taken down.
Nebraska Bans Revenge Porn – Read this 2019 article from the Associated Press to learn more about Nebraska’s passage of its revenge porn prohibition. Access the site to learn about why Nebraska was one of the last states in the Union to make this effort and why this prohibition finally passed. Find more information on what the law consists of in this article as well.
Find a Revenge Porn lawyer | Liberty Law Group
Our attorneys at Liberty Law Group combine deep legal knowledge with a client-focused approach, prioritizing your rights and privacy. Trust us to navigate the legal intricacies and advocate vigorously on your behalf, providing a strong defense against revenge porn allegations.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pattawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Credit Card Fraud, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
