The State of California has created specific laws related to “revenge porn” because publishing explicit photographs online has become a commonly adopted means to settle scores with an adversary. Committing an act of revenge porn can lead to severe penalties for the convicted, considering that sex-related crimes are considered particularly heinous by the courts in California.

What is Revenge Porn?

Revenge porn constitutes sharing sexually suggestive or nude pictures of someone online without their consent or knowledge, to cause significant emotional distress. To be convicted of breaking revenge porn laws, the prosecutor will need to prove the following:

• The accused was in possession of pictures of the intimate parts of an identifiable person. The images can also be of the person engaged in sexual acts, such as fellatio, sodomy, intercourse, or masturbation.
• The images were distributed by the accused intentionally
• The person visible in the picture had an agreement with the accused party that the images would not be shared and remain private
• The accused understood that sharing the pictures online will inflict considerable emotional distress on the person present in the image
• The person in the image did suffer considerable emotional distress because of the distribution of the image

The intimate parts of a person, legally speaking, include the anus, genitals, or any parts of the breasts (female) below the top of the areola.

Penalties and Consequences of Revenge Porn

Consequences of violating revenge porn laws in California can be steep depending on the circumstances. Revenge porn can be classified as a misdemeanor in California. These are a few possible penalties:

• Fines up to $1,000
• 6-month county jail sentence
• Summary probation
• Criminal record

Penalties may be increased if the defendant shared images of a minor or was previously convicted of violating the law:

• Fines up to $2,000
• 1-year jail sentence

Possible Defenses Against Accusations of Revenge Porn

Strong legal defense could be the difference between freedom and incarceration for someone accused of violating revenge porn laws in California. You should understand that each case is unique and not all defenses will apply.

These are a few potential defenses to revenge porn charges:

1. No intent to distribute

The prosecutor needs to prove that the defendant intentionally distributed the picture to prove guilt. However, if the defense team can prove that the defendant did not intend to distribute the pictures, they may have the charges dismissed. Sharing the images accidentally can be a defense.

2. No intent to cause emotional distress

The accused can be proven guilty if they should have known that distribution of the images will cause distress to the person in the images. The defendant may avoid a conviction if it can be shown that the image was posted as a prank and they did not intend for it to cause distress.

3. Distress did not occur

Emotional distress suffered by the person in the image is an essential component for attaining a conviction in revenge porn cases. The charges may be dismissed if you can show the person in the image did not suffer any distress by the online posting or distribution of the images.

Talk to a Capable and Resourceful Criminal Defense Attorney Today

The Kann California Law Group can help create a sound legal strategy for your specific case if you are facing the charges of revenge porn. We will try to have your charges dismissed or reduced and help you defend your freedom and reputation. Get in touch with us at 888-744-7730 or fill out our online contact form to set up a free consultation.