H792 Summary: Revenge Posting and Indecent Exposure

• Creates new crime of "disclosure of private images" (G.S. 14-190.5A) making it a Class H felony for adults to knowingly disclose intimate images without consent when person had reasonable expectation of privacy in a personal relationship, with intent to coerce, harass, intimidate, demean, or humiliate.

• Establishes lesser penalty of Class 1 misdemeanor for first offense by minors under 18 and Class H felony for second or subsequent offense by minors.

• Provides civil cause of action for victims to recover actual damages (minimum $1,000 per day or $10,000 whichever is higher), punitive damages, and attorney's fees, with one-year discovery deadline but seven-year maximum filing deadline.

• Exempts images from public/commercial settings, disclosures in public interest (law enforcement, legal proceedings, medical treatment), and interactive computer service providers.

• Adds three new indecent exposure crimes: exposing genitals on private property of another for sexual gratification (Class 2 misdemeanor), exposing from private place to be seen from public place (Class 2 misdemeanor), and adult exposing to minor resident in private residence (Class 2 misdemeanor).

• Effective December 1, 2015 for offenses committed on or after that date; directs legislative study on superimposed images by April 1, 2016.