Criminal Law Against Committing Revenge Porn

Criminal Law Against Committing Revenge Porn

When people are engaging in sexual acts, they may consent to recording (in the form of a video or photos) the acts. The individuals involved may decide to no longer be together and, for some reason, one partner decides to make the recording public to others in order to embarrass the other partner (or seek revenge). This non-consensual release of the recording is called revenge porn or non-consensual pornography and it is a crime in the state of California. If you are involved in a revenge porn case or have been accused of committing the crime, we encourage you to immediately reach out to us at Law Advocate Group. The article below is only a brief overview of the crime and more information can be obtained by contacting us.

The Elements of Revenge Porn

The act of revenge porn has been criminalized by California Penal Code 647(j)(4). There is a difference between revenge porn and a couple intentionally (and consensually) making a recording of their sex acts public. Revenge porn violates consent and intentionally causes emotional distress. In order for the prosecution to prove this crime occurred, the following must be shown beyond a reasonable doubt: the defendant had images of an identifiable person’s “intimate body part” or images of the identifiable person “engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or…masturbation”; the defendant and the victim agreed the images would remain private; the defendant intentionally distributes the images knowing they “will cause serious emotional distress”; the victim suffers emotional distress.

Punishments for Committing Revenge Porn

Distributing the aforementioned images is a serious offense in California. If the prosecution meets its burden, the defendant faces a misdemeanor. This can require spending up to six months in jail as well as paying fines. Furthermore, this conviction can have negative personal ramifications, as well. Therefore, if you are involved in a legal case of revenge porn, it is highly recommended that you contact us for legal guidance.

 

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