The concept of “revenge porn” was a hot topic in the media several years ago as a number of websites cropped up that allowed people to share intimate photos of their partners, typically without their permission.
In response, California banned the distribution of revenge porn in 2013, making it a misdemeanor punishable by up to six months in county jail.
While the punishment for distributing revenge porn might seem minor, the everyday consequences of facing these allegations can be severe. Revenge porn allegations can damage your reputation, straining your personal and professional relationships.
If you or someone you love has been accused of distributing revenge porn, it’s important to speak with an experienced revenge porn lawyer as soon as possible. Your lawyer will work with you to protect your rights, determine the best course of action for your case and take back your reputation.
Robert M. Helfend is an experienced sex crimes defense attorney, serving the greater Los Angeles area since 1984. Call today for a free case evaluation – 805-273-5611
How the California revenge porn laws work
According to California Penal Code Section 647(j)(4), someone is guilty of the crime of distribution of revenge porn if they:
- Possess an image of an intimate body part of another identifiable person, or an image of that person engaged in sexual intercourse. California law defines an intimate body part as the genitals, anus or, on females, any part of the breast below the top of the areola.
- Intentionally distributed the image. Specifically, the prosecution must show that the person meant to share the image. Accidentally distributing the image does not quality as distribution of revenge porn.
- Had an understanding with the alleged revenge porn victim that the image would remain private.
- Knew or should’ve known that distributing the image of the other person would cause them emotional distress. If the defendant can show that they thought their actions wouldn’t cause emotional distress, it can be a valid defense.
- Caused the person in the photo to suffered emotional distress. After all, it can’t qualify as revenge porn if the person in the photo didn’t actually suffer emotional distress as a result.
What is emotional distress?
What exactly is considered “emotional distress” under California law? It is defined as: “severe and significant mental suffering, such as anguish, humiliation, fright, terror, grief, shame or shock.”
Emotional distress isn’t simple discomfort or annoyance. It must be significant enough to interfere with the alleged revenge porn victim’s daily activities.
Penalties for a revenge porn conviction
Distributing revenge porn is punished as a misdemeanor. For most first-time offenders, the penalty is up to six months in county jail, and/or a maximum fine of $1,000.
For repeat offenders, the penalty rises to a maximum of one year in county jail, and/or a fine up to $2,000.
In addition to criminal penalties, someone convicted of revenge porn can be liable for civil damages as well.
Currently, a revenge porn conviction doesn’t carry a mandatory reporting requirement on the California sex offender registry. However, if the revenge porn charges are part of a more serious conviction such as possession or distribution of child pornography, then the defendant may be required to register as a sex offender.
Defenses against revenge porn charges
Revenge porn cases can result in severe penalties, including jail time and hefty fines. Fortunately, revenge porn is a crime of intent. Therefore, if the defendant can show that they didn’t mean to distribute the images or thought their actions wouldn’t cause emotional distress, it can be a valid defense against revenge porn allegations.
An experienced revenge porn attorney can review your case to determine the best defense strategy for you. Robert M. Helfend is prepared to defend you against revenge porn charges and get back your reputation. Call today for a free consultation – 805-273-5611.