Nevada SB 213: Sharing Nonconsensual Intimate Images - Including AI-Generated Deepfakes - Is Now a Felony

Senate Bill 213, effective January 1, 2026, makes it a category D felony in Nevada to distribute intimate images of another person without consent - including images created or altered using artificial intelligence. If you are facing this charge, here is what you need to know.

What SB 213 Makes a Crime

Nevada Senate Bill 213, which took effect January 1, 2026, creates a new felony offense: the knowing distribution of intimate images of another person without their prior consent. The law covers not only photographs and videos depicting actual individuals but also AI-generated or digitally manipulated images realistic enough to be taken as genuine - explicitly including deepfake content produced using artificial intelligence or other digital tools.

The inclusion of AI-generated and digitally altered images is significant. Before SB 213, an argument could be made that a digitally altered or AI-generated intimate image was not a 'photograph' or 'recording' of the actual person, potentially placing it outside the scope of prior law. SB 213 closes that gap directly: if an image was created or altered in a way that makes it appear to depict an identifiable real person in an intimate context, and it is distributed without that person's consent, the offense applies regardless of whether any real photograph was the source.

The law also includes a companion provision, SB 263, which creates separate and enhanced criminal penalties for AI-generated child sexual abuse material involving minors. These are distinct offenses with different charging frameworks and different sentencing ranges.

What the Felony Category Means for Defendants

A category D felony in Nevada is a serious criminal charge with significant consequences. The standard sentencing range is one to four years in Nevada State Prison, though probation is available in some cases for first-time offenders who do not have prior felony records. In addition to potential imprisonment, a conviction carries fines of up to $5,000, probation conditions, and a permanent felony record that affects employment, housing, professional licensing, and other aspects of life.

The 'knowing' element of the offense is important from a defense standpoint. The law requires that the defendant knowingly distributed the image - meaning intentional conduct, not an accidental exposure or unauthorized access by a third party. Whether the distribution was knowing, whether the defendant had reason to believe the person depicted had consented to distribution, and whether the image actually fell within the law's definitions are all potential issues that an experienced criminal defense attorney would investigate and raise.

The law's explicit exceptions - for journalism reporting on matters of public concern, law enforcement investigations, and legal proceedings where the material is relevant evidence - do not apply to most defendants facing SB 213 charges, but understanding the full scope of the law's carve-outs is part of a thorough defense analysis.

The Investigation and Arrest Process

SB 213 charges often begin with a complaint from the person depicted in the image rather than with law enforcement independently discovering the conduct. Law enforcement may issue a subpoena to a social media platform, messaging service, or cloud storage provider to obtain evidence before making contact with a suspect. In some cases, a defendant first becomes aware of an investigation when contacted by a detective seeking an interview.

If law enforcement contacts you about a potential SB 213 investigation - whether by phone, in person, or through a notice to appear - the most important step is to contact a criminal defense attorney before responding in any way. Statements made to investigators before an attorney is involved can be used against you and can significantly narrow your defense options. The right to remain silent is not an admission of guilt - it is a fundamental constitutional protection that applies to everyone who is contacted by law enforcement.

An attorney can review what law enforcement is investigating, advise on whether any interview or cooperation is in your interest, and represent you in any subsequent proceedings. Freedom First Criminal Defense offers free, confidential initial consultations - call before you speak with law enforcement, not after.

Building a Defense to an SB 213 Charge

A criminal defense to an SB 213 charge involves examining multiple dimensions of the state's evidence. First, the knowledge element: did the defendant actually know they were distributing an intimate image of the person depicted without consent, or was there a reasonable belief of consent? Second, the image itself: does it actually meet the statutory definition, and was it realistically identifiable as depicting the specific complainant? Third, the distribution: how and where was the image distributed, what evidence establishes that the defendant was the person who distributed it, and are there alternative explanations for how the image appeared in any given location?

Digital evidence in these cases typically includes metadata, device forensics, account records, and communications. An experienced criminal defense attorney works with digital forensics experts to examine the prosecution's evidence, identify weaknesses in the chain of custody, challenge technical conclusions, and develop an alternative narrative of events supported by the available evidence.

SB 213 is new legislation - which means that defense strategies and judicial interpretations of its specific elements are still being developed through initial prosecutions. Having an attorney who is current on Nevada's evolving digital privacy and cybercrime law is particularly important for charges under a statute that courts have not yet fully interpreted.

6 Things to Do Immediately If You Learn You Are Under Investigation for SB 213

The actions you take in the first hours and days of an SB 213 investigation can significantly affect the outcome. These steps protect your legal rights.

1. Do not speak with law enforcement without an attorney: If a detective calls you, texts you, or appears at your home or workplace, do not answer questions about the investigation. Politely state that you will contact an attorney and wish to speak through counsel. This is your right under the Fifth Amendment and it applies regardless of whether you believe you did anything wrong.
2. Do not delete or alter any digital evidence: Deleting files, clearing accounts, or altering device records after you become aware of an investigation can result in obstruction of justice charges that are often more serious than the underlying charge. Preserve everything and let your attorney advise on what is and is not relevant.
3. Contact a criminal defense attorney immediately: Freedom First Criminal Defense offers free, confidential consultations. Call as soon as you are aware of any investigation - before an arrest if possible. An attorney who is involved early has significantly more ability to affect the outcome than one retained after charges are filed.
4. Document your own timeline and recollections: Write down what you remember, privately and for your attorney only. Memory fades, and having a detailed recollection of events while they are fresh helps your attorney identify inconsistencies in the state's account and develop the strongest defense narrative.
5. Identify potential witnesses and preserve communications: Any person who can speak to the context surrounding the alleged distribution - the nature of your relationship with the complainant, any communications about consent, anyone who observed the relevant events - is a potential witness. Preserve those communications and provide your attorney with a list of potential witnesses.
6. Understand what you are facing before making any decision: A category D felony is serious but not the most serious category in Nevada's system. Understanding the actual consequences - sentencing range, probation availability, collateral effects - allows you to make informed decisions about the case rather than reacting from fear or incomplete information. Your attorney should explain all of this clearly.

Frequently asked questions

Does SB 213 apply if the image was sent to only one person rather than publicly posted?

Yes. The statute covers distribution without consent - it does not require mass distribution or public posting. Sending an intimate image of another person to even a single recipient without that person's consent is sufficient to trigger the statute's application, provided the other elements of the offense are met.

What if the person depicted previously consented to taking the image but not to its distribution?

Consent to be photographed or recorded is legally distinct from consent to have that image distributed. An image taken with the subject's full knowledge and consent can still be the basis for an SB 213 charge if it is subsequently distributed without the subject's consent to the distribution. The statute focuses on consent to distribution, not consent to the original creation.

Can an SB 213 charge be expunged from a criminal record in Nevada?

Nevada allows certain category D felony convictions to be sealed after a waiting period, provided the conviction does not involve specific disqualifying offense categories. Whether an SB 213 conviction is eligible for sealing, what the waiting period is, and what the process involves are questions for a Nevada criminal defense attorney to evaluate based on the specific facts of a case.

Is this legal advice?

No. This article provides general information about Nevada criminal law and is not legal advice applicable to any specific situation. Every criminal case involves specific facts, evidence, and circumstances that affect what defenses are available and what outcomes are realistic. For advice specific to your situation, contact Freedom First Criminal Defense for a free, confidential consultation. Nothing here creates an attorney-client relationship.