Unlawful dissemination of intimate image; exceptions; penalty

1. Except as otherwise provided in subsection 3, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person: (a) Electronically disseminates or sells an intimate image which depicts the other person and the other person: (1) Did not give prior consent to the electronic dissemination or the sale of the intimate image; (2) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and (3) Was at least 18 years of age when the intimate image was created; or (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; and (2) The other person did not give prior consent to the distribution of the image. 2. A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony and shall be punished as provided in NRS 193.130. 3. The provisions of this section do not apply to: (a) The dissemination or distribution of an intimate image for the purpose of: (1) A legitimate public interest; (2) Reporting unlawful conduct; (3) Any lawful law enforcement or correctional activity; (4) Investigation or prosecution of a violation of this section; or (5) Preparation for or use in any legal proceeding. (b) A person who is less than 18 years of age. 4. A person who commits the crime of unlawful dissemination of an intimate image is not considered a sex offender and is not subject to registration or community notification as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.