Revenge Porn: The Rob Kardashian Story

Unless you’ve been living in a cave for the past 10 years, you’ve heard of the infamous Kardashian family. From marriages to children, to leaked sex tapes, this family has been all over social media. Most recently, the youngest of the clan Rob Kardashian has been accused of violating California’s Revenge Porn Law.
 
The law, passed in 2013, makes distributing nonconsensual pornography such as a nude photo to cause fear in or harass another person a crime punishable as a misdemeanor with up to six months in jail. The first case prosecuted in California under this statute led to a one-year sentence for the person who posted nude photos of an ex-girlfriend on a company Facebook page.
 
At this time, 38 states and DC have some type of revenge porn law, including North Carolina. Passed in 2015, NCGS § 14-190.5A makes the transfer, publishing, distribution, or reproduction of a photograph, film, videotape, recording, digital, or other reproduction of intimate body parts such as male or female genitals or of sexual conduct with the intent to harass, humiliate, demean, coerce, or cause financial loss, a crime punished as a misdemeanor and in some instances as a class H felony.
 
When they law was enacted district attorneys found it difficult to prosecute cases when the victim was unaware that their picture had been taken and therefore not knowing who originate the distribution of the picture couldn’t file charges. To address this Republican Representative Chris Malone sponsored a bill that would make several changes to the law.
 
Recently, NC Senate Judiciary Committee approved these changes allowing the punishment of anyone who obtained nude images without the person’s permission. Meaning that a person can be punished for obtaining these types of photos, even without there being a relationship with the depicted person. The new changes also added to the definition of what is regarded as an image. In addition to what is mentioned above a computer or computer-generated image or picture falls within the scope of the law.
 
As of June 2017, the Bill has returned to House for a second vote.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.