NRS 200.604 : Capturing Images of Others Private Areas

The Peeping Tom or creepy person that looks into dressing rooms taking pictures or video of others private parts unfortunately isn’t a myth at all.

People take video and photos all the time of many different things and that’s not considered a crime. 

The Strip, especially, is a voyeuristic experience in itself with many strip clubs and topless or nude reviews and cabaret shows.

These shows frequently display the private parts of the participants, raising the question: how is it illegal to capture a photo or video of someone who performs nude or partially nude in public?

The answer is simple.

Every crime consists of specific elements that distinguish between lawful behavior and criminal acts.

For NRS 200. 604 “Capturing Image of Private Area of Another Person” to be considered a crime two elements must exists:

1. The pictures or video was taken without the person’s permissions and 
2. The victim had a reasonable expectation of privacy, for example, being in a hotel or dressing room 

If you are unsure as to whether you can be charged with NRS 200.604, you should speak with a defense attorney. This is a serious crime with consequences that could land you in jail. 

Contact The Defenders today for a case review if you have been charged with capturing an image of another person’s private area under Nevada law. We will thoroughly evaluate your case and provide you with our expert recommendations.

Elements And Other Definitions of The Law 

Like we said, the crime of capturing the images of others private parts involves two elements:

1. No permission was granted by the victim for the pictures or video to taken and 
2. The victim has a perceived belief of privacy 

Nevada also defines what is considered private parts; either naked or undergarment covered body parts include:

• Female breasts below the top of the areola
• Genitals 
• Pubic areas
• Buttocks 

NRS 200.604b prohibits you from transmitting, displaying, or publishing images that you know or should have known were captured without the permission of the subject, violating their privacy.

What Is Revenge Porn and How Is It Different?

While NRS 200.604 is about capturing images without permission, revenge porn (covered in NRS 200.780) involves intentionally distributing those images or videos with the intent to cause emotional distress or harm to the victim.

The capturing of images of private parts without a person’s knowledge is a gross misdemeanor for the first offense. Revenge porn on the other hand is a class D felony for the first offense.

For the charges to be considered revenge porn, the four following conditions must be true:

1. You had the intent to harass, harm or terrorize another person with the dissemination or sale of the photos or video taken with permission.
2. The subject or victim did not give consent to the dissemination or sale of the illegally captured images.
3. The subject or victim had reason to believe that the images taken illegally would be kept private and
4. The subject was at least 18 years of age at the time of the crime 

Penalties for Capturing Photos or Video of Others Private Parts Without Permission

The penalties for capturing images of others private parts without consent is considered a gross misdemeanor for the first offense with a sentence of:

• Up to 364 days in jail 
• Up to a $2000 fine 

A second conviction is a Category E felony. The punishment includes 

• A sentence of up to one year in jail may be imposed, which could be suspended, or it could extend to four years for individuals with prior felony convictions.
• Up to a $5000 maximum fine 

If the victim is under the age of 18 at the time of the crime, you can be charged with producing child pornography (NRS 200.710). These charges could land someone in jail for life.

Common Defenses Against Illegal Recording of Private Parts

A defense lawyer will always have strategic defenses that have worked in the past to get privacy crime charges dismissed or reduced. The defenses that have been successful are:

You Had Permission to Capture the Images

One of the elements of NRS 200.604 is that the images were taken without the permission of the alleged victim. In most cases, this consent is given during a conversation and it comes down to he said / she said. Sometimes other forms of communication proving consent like text messages exist to prove consent. In this case, the charges should be dismissed.

Getting consent after the fact is not a defense. Capturing an image without prior permission invokes the crime itself.

There Was No Reasonable Expectation of Privacy

As previously mentioned, the strip has many areas where people are essentially naked in public.

This is where this defense comes into play.

You can legally videotape or photograph someone that has no reason to expect privacy. Some examples of this include:

• Public bathing areas like beaches, pools or a pool party 
• A strip club stage 
• An area that is public facing 
• Place that has surveillance cameras

If the prosecution can’t prove the victim had no expectation of privacy, then the charges should be dismissed.

The Image Did Not Show Any Private Areas

This criminal charge only applies to images that show naked or undergarment clad private parts. Bathing suit photos or cleavage revealing photos do not count, even if they are considered revealing.

Images that are enhanced in any way to make the victim look naked do not fall under this criminal offense. If the images were photoshopped after the fact and the real photos do not show someone naked or in undergarments than the charges would not stand at trial

You Did Not Knowingly or Intentionally Take the Image

You cannot be found guilty if you did not knowingly take the image.

For example if you take a selfie and in the background there is a scantily clad woman. Does this make you guilty of the crime? No, because even though the woman did not give permission and may have had an expectation of privacy, you did not intend to take the photo and were only taking a selfie.

A robust defense strategy is crucial when facing violations of privacy laws. Given that these laws often intersect with more serious offenses, such as the distribution of child pornography, it is vital to consult with an experienced legal team like The Defenders. Our strategies have been proven effective in getting charges like this dismissed or reduced.

Having a privacy crime transform to a more serious crime like child porn could land you in prison for the rest of your life and/or a registered sex offender.

These charges need to be handled quickly and in private as much as possible to reduce the stigma that is also attached to these crimes. 

If you have been charged with a privacy crime like NRS 200.604 (capturing images of other private areas without permission), contact The Defenders and schedule a consultation to discuss your options in this case.

Frequently Asked Questions