S.B. 213
- *SB213*
SENATE BILL NO. 213–SENATORS STONE, KRASNER,
STEINBECK, BUCK; AND ELLISON
FEBRUARY 18, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the crime of unlawful
dissemination of an intimate image. (BDR 15-776)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; expanding the crime of unlawful
dissemination of an intimate image to include certain acts
relating to the distribution of certain photorealistic
images, digital images, electronic images, computer
images, computer-generated images and other pictorial
representations; expanding the definition of “intimate
image”; providing that the crime of unlawful
dissemination of an intimate image constitutes a sexual
offense for the purposes of various statutes; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law establishes the crime of unlawful dissemination of an intimate 1
image and provides that a person who unlawfully disseminates an intimate image of 2
a person is guilty of a category D felony. (NRS 200.780) Under existing law, a 3
person is also guilty of a category D felony if the person makes certain demands 4
from a person in exchange for removing an intimate image from public view. (NRS 5
200.785) Section 1 of this bill expands the definition of “intimate image” for the 6
purpose of these provisions to include certain photorealistic images, digital images, 7
electronic images, computer images, computer-generated images and other pictorial 8
representations. (NRS 200.770) 9
Under existing law, a person commits the crime of unlawful dissemination of 10
an intimate image when, with the intent to harass, harm or terrorize another person, 11
the person electronically disseminates or sells an intimate image which depicts the 12
other person and the other person: (1) did not give prior consent to the electronic 13
dissemination or sale; (2) had a reasonable expectation that the intimate image 14
would be kept private and would not be made visible to the public; and (3) was at 15
least 18 years of age when the intimate image was created. (NRS 200.780) 16
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Section 2 of this bill additionally provides that a person who is 18 years of age or 17
older commits the crime of unlawful dissemination of an intimate image when, with 18
the intent to harass, harm or terrorize another person, the person distributes or 19
causes to be distributed an intimate image if: (1) the image or representation is 20
created in a way that would lead a reasonable person to believe it is an actual 21
depiction of the person depicted; and (2) the other person did not give prior consent 22
to the distribution of the image. 23
Existing law defines the term “sexual offense” for the purpose of requiring 24
persons convicted of certain sexual offenses to be prohibited from certain 25
employment, to register as a sex offender, to comply with certain mandatory 26
conditions of probation or parole and to fulfill certain other requirements. (NRS 27
118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 28
213.1245) Section 3 of this bill revises the list of sexual offenses to which these 29
statutory provisions apply to include unlawful dissemination of an intimate image 30
pursuant to section 2. Section 2 makes a conforming change by eliminating 31
provisions of existing law which provide that a person who commits the crime of 32
unlawful dissemination of an intimate image is not considered a sex offender and is 33
not subject to registration or community notification as a sex offender. 34
(NRS 200.780) 35
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.770 is hereby amended to read as follows: 1
200.770 “Intimate image”: 2
1. Except as otherwise provided in subsection 2, includes, 3
without limitation [, a] : 4
(a) A photograph, film, videotape or other recorded image 5
which depicts: 6
[(a)] (1) The fully exposed nipple of the female breast of another 7
person, including through transparent clothing; or 8
[(b)] (2) One or more persons engaged in sexual conduct [.] ; or 9
(b) A photorealistic image, digital image, electronic image, 10
computer image, computer-generated image or other pictorial 11
representation that appears to depict: 12
(1) An intimate body part of another identifiable person but 13
does not depict an actual body part of the person; or 14
(2) One or more identifiable persons engaged in sexual 15
conduct but does not actually depict the person or persons 16
engaging in the conduct. 17
2. Does not include an image which would otherwise constitute 18
an intimate image pursuant to subsection 1, but in which the person 19
depicted in the image: 20
(a) Is not clearly identifiable; 21
(b) Voluntarily exposed himself or herself in a public or 22
commercial setting; or 23
(c) Is a public figure. 24
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Sec. 2. NRS 200.780 is hereby amended to read as follows: 1
200.780 1. Except as otherwise provided in subsection 3, a 2
person commits the crime of unlawful dissemination of an intimate 3
image when, with the intent to harass, harm or terrorize another 4
person, the person [electronically] : 5
(a) Electronically disseminates or sells an intimate image which 6
depicts the other person and the other person: 7
[(a)] (1) Did not give prior consent to the electronic 8
dissemination or the sale of the intimate image; 9
[(b)] (2) Had a reasonable expectation that the intimate image 10
would be kept private and would not be made visible to the public; 11
and 12
[(c)] (3) Was at least 18 years of age when the intimate image 13
was created [.] ; or 14
(b) Distributes or causes to be distributed an intimate image 15
described in paragraph (b) of subsection 1 of NRS 200.770 which 16
depicts the other person if: 17
(1) The intimate image is created in a way that would lead a 18
reasonable person to believe it is an actual depiction of the other 19
person; and 20
(2) The other person did not give prior consent to the 21
distribution of the image. 22
2. A person who commits the crime of unlawful dissemination 23
of an intimate image is guilty of a category D felony and shall be 24
punished as provided in NRS 193.130. 25
3. The provisions of this section do not apply to [the 26
electronic] : 27
(a) The dissemination or distribution of an intimate image for 28
the purpose of: 29
[(a)] (1) A legitimate public interest; 30
[(b)] (2) Reporting unlawful conduct; 31
[(c)] (3) Any lawful law enforcement or correctional activity; 32
[(d)] (4) Investigation or prosecution of a violation of this 33
section; or 34
[(e)] (5) Preparation for or use in any legal proceeding [. 35
4. A person who commits the crime of unlawful dissemination 36
of an intimate image is not considered a sex offender and is not 37
subject to registration or community notification as a sex offender 38
pursuant to NRS 179D.010 to 179D.550, inclusive.] ; or 39
(b) A person who is less than 18 years of age and who commits 40
an act described in paragraph (b) of subsection 1. 41
Sec. 3. NRS 179D.097 is hereby amended to read as follows: 42
179D.097 1. “Sexual offense” means any of the following 43
offenses: 44
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(a) Murder of the first degree committed in the perpetration or 1
attempted perpetration of sexual assault or of sexual abuse or sexual 2
molestation of a child less than 14 years of age pursuant to 3
paragraph (b) of subsection 1 of NRS 200.030. 4
(b) Sexual assault pursuant to NRS 200.366. 5
(c) Statutory sexual seduction pursuant to NRS 200.368. 6
(d) Battery with intent to commit sexual assault pursuant to 7
subsection 4 of NRS 200.400. 8
(e) An offense involving the administration of a drug to another 9
person with the intent to enable or assist the commission of a felony 10
pursuant to NRS 200.405, if the felony is an offense listed in this 11
subsection. 12
(f) An offense involving the administration of a controlled 13
substance to another person with the intent to enable or assist the 14
commission of a crime of violence, if the crime of violence is an 15
offense listed in this section. 16
(g) Abuse of a child pursuant to NRS 200.508, if the abuse 17
involved sexual abuse or sexual exploitation. 18
(h) An offense involving pornography and a minor pursuant to 19
NRS 200.710 to 200.730, inclusive. 20
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of 21
NRS 200.975. 22
(j) Incest pursuant to NRS 201.180. 23
(k) Open or gross lewdness pursuant to NRS 201.210. 24
(l) Indecent or obscene exposure pursuant to NRS 201.220. 25
(m) Lewdness with a child pursuant to NRS 201.230. 26
(n) Sexual penetration of a dead human body pursuant to 27
NRS 201.450. 28
(o) Sexual conduct between certain employees of a school or 29
volunteers at a school and a pupil pursuant to NRS 201.540. 30
(p) Sexual conduct between certain employees of a college or 31
university and a student pursuant to NRS 201.550. 32
(q) Luring a child or a person with mental illness pursuant to 33
NRS 201.560, if punished as a felony. 34
(r) Sex trafficking pursuant to NRS 201.300. 35
(s) Unlawful dissemination of an intimate image pursuant to 36
NRS 200.780. 37
(t) Any other offense that has an element involving a sexual act 38
or sexual conduct with another. 39
[(t)] (u) An attempt or conspiracy to commit an offense listed in 40
paragraphs (a) to [(s),] (t), inclusive. 41
[(u)] (v) An offense that is determined to be sexually motivated 42
pursuant to NRS 175.547 or 207.193. 43
[(v)] (w) An offense committed in another jurisdiction that, if 44
committed in this State, would be an offense listed in this 45
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subsection. This paragraph includes, without limitation, an offense 1
prosecuted in: 2
(1) A tribal court. 3
(2) A court of the United States or the Armed Forces of the 4
United States. 5
[(w)] (x) An offense of a sexual nature committed in another 6
jurisdiction, whether or not the offense would be an offense listed in 7
this section, if the person who committed the offense resides or has 8
resided or is or has been a student or worker in any jurisdiction in 9
which the person is or has been required by the laws of that 10
jurisdiction to register as a sex offender because of the offense. This 11
paragraph includes, without limitation, an offense prosecuted in: 12
(1) A tribal court. 13
(2) A court of the United States or the Armed Forces of the 14
United States. 15
(3) A court having jurisdiction over juveniles. 16
2. Except for the offenses described in paragraphs (o) and (p) 17
of subsection 1, the term does not include an offense involving 18
consensual sexual conduct if the victim was: 19
(a) An adult, unless the adult was under the custodial authority 20
of the offender at the time of the offense; or 21
(b) At least 13 years of age and the offender was not more than 22
4 years older than the victim at the time of the commission of the 23
offense. 24
Sec. 4. The amendatory provisions of section 3 of this act 25
apply to offenses committed before, on or after October 1, 2025. 26
H