One of the newest criminal laws enacted in Nebraska relates to the unauthorized distribution of sexual images. Individuals accused of sharing or distributing sexually explicit photos or videos of another individual could be dealing with criminal charges related to the new revenge porn law. If you are facing criminal charges related to sharing sexual images or videos of another person without their consent, you should contact an experienced sex crimes attorney as soon as possible.
A conviction for revenge porn can be a stain on your criminal record and could lead to other issues in the future. A dedicated Nebraska revenge porn lawyer from Berry Law can look at the details of your case and determine the most effective defense strategy available.
What is Revenge Porn?
In 2019, Nebraska passed LB-630, a law aimed at preventing individuals from distributing sexually explicit photos or videos of another person. Now a part of Nebraska Revised Statute §28-311.08, the “revenge porn law” makes it illegal to share or threaten to share sexual images of another person without their expressed consent.
The statute also makes it illegal to share a video or image of another person engaging in sexually explicit content if they had reasonable expectation to believe the image would remain private or they knew the other person did not consent to distributing the image. Just threatening to distribute an explicit image of another person without their consent could result in criminal charges.
Another aspect of the revenge porn bill focuses on criminal charges for the person photographing or filming another person’s intimate areas without their consent.
LB-630 also added provisions for minors who consent to sharing explicit photos with each other. Under this bill, minors can share photos with each other as long as they do not share the photos/videos with anybody else. However, the defendant must be within four years of age of the juvenile to legally posses the sexually explicit content.
Possible Revenge Porn Penalties
According to Neb. Rev. Stat §28-311.08, if you are convicted of violating the revenge porn provision, the criminal charge you will face depends on what role you played in the distribution of the explicit content.
Any individual charged with photographing or recording another person without their consent will be facing a Class IV felony. A Class IV felony is punishable by two years imprisonment and a fine of up to $10,000.
If you are facing criminal charges related to distributing an explicit video you filmed or image you took, you will be facing a Class IIA felony, which is punishable by up to 20 years in jail.
One of the more common charges related to the revenge porn bill relates to sharing an explicit video or image that somebody else took. This is considered a Class IV felony and is punishable by two years in jail and a fine of up to $10,000.
As previously mentioned, you could also face criminal charges for threatening to distribute a sexually explicit video or image. This is considered a Class I misdemeanor in Nebraska, punishable by up to one year in jail and a fine not exceeding $1,000.
An experienced Nebraska attorney can explain the possible penalties in your revenge porn case and develop an effective defense strategy on your behalf.
Contact a Nebraska Revenge Porn Attorney at Berry Law
If you are facing criminal charges related to the “revenge porn” bill, you are likely confused about the possible penalties you are facing and how to effectively fight these charges. Criminal charges stemming from the revenge porn bill can be either a misdemeanor or felony, and you will likely be dealing with the effects of a conviction later in life.
A skilled defense attorney from Berry Law could provide the legal representation you need to get your charges reduced or dismissed. Contact Berry Law today to schedule a confidential consultation with a Nebraska revenge porn lawyer.
