Capturing Image of Private Area of Another Person – NRS 200.604

Capturing Image of Private Area of Another Person

Under Nevada Revised Statute (NRS) 200.604, capturing an image of the private area of another person without their consent is a serious criminal offense. This law addresses the unauthorized use of technology to invade someone’s privacy by taking pictures or recordings of intimate areas. To secure a conviction, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intentional Capture: The defendant intentionally captured an image or video of the private area of another person.
2. Private Area: The image or video captured depicts an area that is considered private, such as the genital area, buttocks, or breasts of a person, where there is a reasonable expectation of privacy.
3. Without Consent: The image was captured without the consent of the person depicted. Consent must be informed and voluntary, and any capture made without such consent violates NRS 200.604.
4. Lack of Authorization: The defendant did not have authorization or legal justification to capture or distribute the image.

Related Offenses

This statute is related to several other criminal offenses, including:

1. Invasion of Privacy – NRS 200.610
2. Cyberstalking – NRS 200.575
3. Distribution of Obscene Materials – NRS 200.710
4. Sexual Exploitation of Children – NRS 201.230
5. Voyeurism – NRS 200.605

Examples

Understanding how NRS 200.604 applies can be clarified through these examples:

• Example 1: Alex secretly uses his phone to take a photo of his coworker’s private area in the office without her knowledge. Even though the image was taken in a public area, the lack of consent makes it a violation of NRS 200.604.
• Example 2: Jamie posts explicit images of her ex-partner on social media without permission, which includes private areas. This act constitutes a criminal offense under NRS 200.604, as it involves capturing and distributing images of private areas without consent.

Defenses to Capturing Image of Private Area of Another Person

Defending against a charge of capturing an image of a private area can involve various strategies:

1. Lack of Intent: Demonstrating that the defendant did not intentionally capture an image of the private area can refute the charge. For instance, if the capture was accidental or unintentional, the charge may not hold.
2. Consent: Proving that the depicted individual had given consent to capture and share the image can be a defense. Consent must be explicit and informed, and if this can be established, it negates the criminality of the act.
3. False Allegations: Sometimes, charges may arise from false accusations or misunderstandings. An experienced attorney can challenge the credibility of the accuser and present evidence to refute the allegations.
4. Misidentification: Showing that the defendant was not the individual responsible for capturing or distributing the image can be a valid defense if it can be proven that another person was involved.

Potential Penalty for Capturing Image of Private Area of Another Person

Under NRS 200.604, the penalties for capturing an image of another person’s private area without consent can be severe:

• Felony Charges: The crime is categorized as a Category D felony. Conviction can result in:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
  • Sex Offender Registration: Potential requirement to register as a sex offender, depending on the circumstances.

Criminal Defense for Capturing Image of Private Area of Another Person

When facing charges under NRS 200.604, it is crucial to have a skilled defense attorney. Joshua Tomsheck, a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, offers extensive experience in defending complex cases. As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Mr. Tomsheck has achieved numerous complete dismissals and acquittals at trial.

For anyone charged with capturing images of private areas without consent, Joshua Tomsheck and the team at Hofland & Tomsheck are committed to providing a robust defense. Contact us to discuss your case and explore your legal options.

For more information about defending against charges related to capturing an image of a private area, call Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation.