SB 213 — Revises provisions relating to the crime of unlawful dissemination of an intimate image. (BDR 15-776)

(ReprintedSenate withBill amendmentsNo. adopted on April 17, 2025) FIRST REPRINT S.B.

213213–Senators SENATEStone, BILLKrasner, NOSteinbeck, .Buck;

213–SENATORSand STONEEllison ,CHAPTER.......... 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.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

expanding the crime of unlawful dissemination of an intimate image to include certain acts relating to the distribution of certain photorealistic images, digital images, computer images and computer-computer-generated generated images;

expandingproviding an exception to the definitioncrime of “intimateunlawful image”;dissemination of an intimate image for persons who are less than 18 years of age;

revising the definition of “intimate image”;

Existing law establishes the crime of unlawful dissemination of an intimate image and provides that a person who unlawfully disseminates an intimate image of a person is guilty of a category D felony.

(NRS 200.780) Under existing law, a of person is also guilty of a category D felony if the person makes certain demands from200.785) aSection person1 inof exchangethis bill expands the definition of “intimate image” for removingthe anpurpose intimateof imagethese fromprovisions publicto view.include certain photorealistic images, digital images, computer images and computer-generated images.

(NRS 200.785)200.770) Section 1 ofalso thiseliminates billan expandsexception theunder definition of “intimate image” for the purpose of these provisions to include certain photorealistic images, digital images, comUnder existing law,law athat personexcludes commitsfrom the crimedefinition of unlawful“intimate disseminationimage” of an intimate image when,depicting witha thepublic intentfigure. to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:

Under existing law, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, other person and the other person:

and (3) was at 2least of this bill additionally provides that a person who is 18 years of age orwhen older commits the crime of unlawful dissemination of an intimate image when,was withcreated. the intent to harass, harm or terrorize another person, the person knowingly distributes or causes to be distributed an intimate image if:

(1)(NRS the200.780) imageSection orof representationthis isbill createdexpands inthe ascope wayof thatthe wouldcrime lead a reasonable person to believealso itinclude isthe andistribution actualof -certain *SB213_R1*photorealistic –images, 2digital –images, depictioncomputer ofimages theand personcomputer- depicted;generated images.

Specifically, section 2 provides that a person commits the crime harm or terrorize another person, the person knowingly distributes or causes to be distributed an intimate image if:

(1) the image is created in a way that would lead a reasonable person to believe it is an actual depiction of the person depicted;

Section further provides that the prohibition against disseminating an intimate image, both under existing law and as expanded by section 2, does not apply if the person who commits the violation is less than 18 years of age.

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or (b) A photorealistic image, digital image, computer image or computer-generateddepicts:-generated image that a reasonable person would believe depicts:(1) The genitals, anus or fully exposed nipple of the female breast of another identifiable person;

(1) The genitals, anus or fully exposed nipple of the female breast of another identifiable person;

or (b) Voluntarily exposed himself or herself in a public or commercial setting;setting .

or[; (c) Is a public figure.

or (c) Is a public figure.] Sec.

[(b)] (2) Had a reasonable expectation that the intimate image wouldandld be kept private and would not be made visible to the public;

and [(c)] (3) Was at least 18 years of age when the intimate image was created [.] ;

or - *SB213_R1*83rd Session (2025) – 3 – (b) Knowingly distributes or causes to be distributed an intimate image described in paragraph (b) of subsection 1 of NRS 200.770 which depicts the other person if:

(1) The intimate image is created in a way that would lead a reasonable person to believe it is an actual depiction of the other person;

andandperson to believe it is an actual depiction of the other (2) The other person did not give prior consent to the distribution of the image.

electronic]3. :visions of this section do not apply to [the (a) The dissemination or distribution of an intimate image for the purpose of:

The provisions of this section do not apply to [the electronic] :

(a) The dissemination or distribution of an intimate image for the purpose of:

(b) A person who is less than 18 years of ageage. and who commits an act described in paragraph (b) of subsection 1.

Sec.Secs.

3.3 and 4.