LINCOLN, Nebraska (WOWT) – The Nebraska Supreme Court has upheld a law preventing the unauthorized distribution of intimate images.
The lawsuit, which stems from an appeal of a ruling in a Scotts Bluff County case, alleges that Nebraska state law prohibiting the distribution of images or videos of a person’s private parts without that person’s knowledge violates the constitutional right to a fair trial.
William Zitterkopf, the defendant, was charged in Scotts Bluff County after he recorded a sexual encounter and then sent his ex-wife a screenshot of the encounter, which occurred with another woman. Zitterkopf’s ex-wife and the other woman were friends.
Zitterkopf also sent the screenshot to the other woman, demanding that she confess to the judge that she had lied in her affidavit, which was part of the divorce proceedings between Zitterkopf and his now ex-wife.
The Nebraska Supreme Court explained that Zitterkopf must show that any application of the disputed law would risk suppressing ideas or that the disputed law was so broad that it would substantially impair First Amendment protections.
In its decision, the court found that the law did not violate the First Amendment and affirmed the decision of the Scotts Bluff District Court.
Zitterkopf now faces 45 days in prison and three years probation.
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