A BILL TO BE ENTITLED
AN ACT to protect persons who are photographed, videotaped, or recorded without their consent from having his or her image disclosed.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑190.5A reads as rewritten:
"§ 14‑190.5A.  Disclosure of private images.
(a)	Definitions. – The following definitions apply in this section:
(1)	Disclose. – Transfer, publish, distribute, or reproduce.
(2)	Image. – A photograph, film, videotape, recording, digital, computer, or computer‑generated image or picture, or other reproduction that is made or produced by electronic, mechanical, or other means. 
(3)	Intimate parts. – Any of the following naked human parts: (i) male or female genitals, (ii) male or female pubic area, (iii) male or female anus, or (iv) the nipple of a female over the age of 12.

(6)	Sexual conduct. – Includes any of the following:
a.	Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted.
b.	Masturbation, excretory functions, or lewd exhibition of uncovered genitals.
c.	An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume.
(b)	Offense. – A person is guilty of disclosure of private images if all of the following apply:
(1)	The person knowingly discloses an image of another person with the intent to do either of the following:
a.	Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
b.	Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
(2)	The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
(3)	The depicted person's intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.
(4)	The person discloses the image without the affirmative consent of the depicted person.
(5)	The person obtained the image without consent of the depicted person or under circumstances such that the person knew or should have known that the depicted person expected the images to remain private.
(c)	Penalty. – A violation of this section shall be punishable as follows:
(1)	For an offense by a person who is 18 years of age or older at the time of the offense, the violation is a Class H felony.
(2)	For a first offense by a person who is under 18 years of age at the time of the offense, the violation is a Class 1 misdemeanor.
(3)	For a second or subsequent offense by a person who is under the age of 18 at the time of the offense, the violation is a Class H felony.
(d)	Exceptions. – This section does not apply to any of the following:
(1)	Images involving voluntary exposure in public or commercial settings.
(2)	Disclosures made in the public interest, including, but not limited to, the reporting of unlawful conduct or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, medical treatment, or scientific or educational activities.
(3)	Providers of an interactive computer service, as defined in 47 U.S.C. § 230(f), for images provided by another person.
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SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.