Coleman v. State
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Nev. Rev. Stat. 200.604, which prohibits a person from knowingly and intentionally capturing an image of another person’s private area without her consent under circumstances in which she has a reasonable expectation of privacy, does not prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.
Defendant, a police officer, was charged and convicted of violating section 200.604 for copying sexual videos of an arrestee and her boyfriend on the arrestee’s cell phone. On appeal, Defendant argued that there was insufficient evidence to convict him because he did not take a video of the arrestee’s physical body directly. The Supreme Court agreed and reversed, holding that section 200.604 does not criminalize copying a consensually recorded image of a sexual act.
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