The Marine Corps Times reports here about North Carolina charges filed against a career Marine accused of:
posting one nude photo of the woman and six pictures of her wearing underwear on April 14, according to an arrest warrant, which does not identify the website where the pictures appeared.
According to the report, the accused is charged with “felony disclosure of private images,” which appears to be a violation of N.C. Gen. Stat. § 14-190.5A.(available here), which states:
(b) Offense. – A person is guilty of disclosure of private images if all of the following apply:
(1) The person knowingly discloses an image of another person with the intent to do either of the following:
a. Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
b. Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
(2) The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
(3) The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.
(4) The person discloses the image without the affirmative consent of the depicted person.
(5) The person discloses the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy.
The statute defines a reasonable expectation of privacy as:
When a depicted person has consented to the disclosure of an image within the context of a personal relationship and the depicted person reasonably believes that the disclosure will not go beyond that relationship.
The North Carolina statute seems to be perfectly adequate to criminalize the kind of bad acts at issue in the Marines United scandal, and the statute appears free of the flaws I identified in my analysis of the recently-promulgated Article 1168, U.S. Navy Regulations.
If Congress thinks there should be a similar statute of national applicability, perhaps it should enact one.