Criminal penalties for ‘revenge porn’ approved

Lawmakers passed a bill May 24 that prohibits the intentional or threatening distribution of intimate images.

Sen. Adam Morfeld
Sen. Adam Morfeld

LB630, sponsored by Lincoln Sen. Adam Morfeld, creates the offense of distributing a private image of another person’s intimate area or of a person engaged in sexually explicit conduct.

A person who violates this provision will be charged with a Class I misdemeanor for a first offense, punishable by up to one year in prison, a $1,000 fine or both. Second and subsequent offenses are a Class IV felony, punishable by up to two years in prison with 12 months post-release supervision, a $10,000 fine or both.

The bill also creates the offense of threatening to distribute intimate images with the intent to intimidate, threaten or harass a person. Violation of this provision is a Class I misdemeanor.

LB630 provides an affirmative defense for juveniles who possess a visual depiction that was knowingly and voluntarily provided by another juvenile who is within four years of age of the defendant.

The bill passed on a 47-0 vote.

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