Criminal penalties for ‘revenge porn’ approved

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

<a href='' target='_blank' title='Link to the website of Sen. Adam Morfeld'>Sen. Adam Morfeld</a>
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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