Today’s post covers laws that deal with unlawful filming and photography as well as indecent exposure and groping.
Capturing an Image of the Private Area of Another Person
1. Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:
(a) Without the consent of the other person; and
(b) Under circumstances in which the other person has a reasonable expectation of privacy
2. Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1…
(d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.
In Nevada, you have a reasonable expectation of privacy while in public, which protects you from “up-skirt” and “down-blouse” photos, as well as photos taken without consent in bathrooms, locker rooms, and dressing rooms. The law also prohibits the sharing of such photos.
This was taken at the Union Square 14th St station. My friend and I were waiting for the 4 train and were dressed up for Halloween. She was fighting with her boyfriend and also quite inebriated so she sat on the platform (ew, but what can you do?). I crouched next to her to comfort her. That’s when I noticed some a**hole on the opposite platform zooming in on my friend’s crotch and his flash go off. He actually walked to the edge of the platform and bent to get her crotch. I tried to alert her, but she was too drunk to move. I pulled my camera out, and he immediately hid behind a metal pillar. I snapped the shot as fast as I could and shouted some choice words at him. He hid behind that damn pillar until the next train came. I wish the photo was less blurry. I was shaking with anger. It had already been a bad night and though I’ve been harassed before, no one’s ever aimed a camera at me. It felt so violating that someone I don’t know has a picture of my friend’s crotch, and possibly me, is showing his stupid friends, and maybe posting it on the internet somewhere. He was a young guy, mid-twenties, with short black hair. He wasn’t wearing a costume, but a maroon track jacket and jeans. It was so frustrating to just stand on the other side of the platform while that perv looked at his camera. At least there’s Holla Back – See more at: http://www.ihollaback.org/blog/category/union-square/#sthash.vhQn5VQr.dpuf
Open or Gross Lewdness
This law doesn’t specifically define open and gross lewdness but it is generally understood to prohibit sexual acts of any kind in public.
This law can be applied in two situations. First, when a harasser who gropes or otherwise touches someone inappropriately. Second, when a harasser is masturbating in public.
I was in the VIP section at a dance club with a group of my female friends. I was standing near a balcony looking down at the dance floor, while wearing a knee length dress with long sleeves and a crew neck. At this time I was not making eye contact with anyone, I was not talking with anyone, and I was not dancing. I was only standing there in a straight proper posture (how one would stand in a professional setting while speaking to their boss). A young male passes behind me and grabs my butt tightly. My instinct reaction made me quickly turn around, grab this male by his collar and hang him halfway over the balcony. He was yelling “it wasn’t me” but I know it was him because he was the only person near enough to grope me like that. I was so upset, I would not let go until security came. Security said he witnessed the entire incident and that male was tossed out of the club. But afterwards I still felt like justice was not served.
Lewdness with Child Under 14
1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.
If a street harasser touches a child under the age of 14 in any inappropriate way, this law regarding child sexual abuse applies.
When I was 11 years old, I was on the strip with my family. It was crowded and I was wearing a skirt. I felt someone’s hand go up there and feel around. It felt degrading, uncomfortable and just plain awful.
Indecent or Obscene Exposure
As with open and gross lewdness, the Nevada Revised Statutes don’t specifically define an indecent or obscene exposure but it is generally understood to include the exposure of one’s buttocks, genitals, public area, and breasts.
This law can be applied when the harasser exposes themselves or attempts to expose their victim’s body such as by pulling on or lifting their clothing.
Stopped at the gas station for a snack and the bathroom. I walked in the bathroom to find a man with his pants around his knees and his junk clearly visible. Ran out of bathroom (women’s) and told clerk. She didn’t care. Called police, they also did nothing, despite this man flashing in the women’s bathroom. I was told I was mistaken.