How a Revenge Porn Accusation in California Could Affect Your Life

Revenge porn is a form of sexual harassment that involves the distribution of private, sexually explicit images or videos posted online without the consent of one or more parties involved. The practice is illegal in California, where it is considered a crime to distribute such material if you know you do not have permission to do so.

California penalizes any sex-related crimes as serious offenses. Therefore, if you have been accused of revenge porn in California, you could be facing severe, lifelong penalties. Do not face these consequences alone. Get in touch with an experienced Santa Barbara criminal defense attorney who may help. At Aron Law Firm, we have the skills needed to protect your interests.

What You Should Know About California’s Laws Against Revenge Porn

California’s revenge porn law makes it illegal to post an image of nudity or sexual activity without the consent of the depicted person under California Penal Code 647 j. The law covers any images or videos published or sent on or through:

• SMS text message
• Messaging apps (such as WhatsApp or Messenger)
• Social media platforms (such as Instagram, Facebook, or Snapchat)
• Video-sharing platforms (such as YouTube or TikTok)
• Other websites or apps (such as OnlyFans or pornography websites)

If you are accused of sharing or posting revenge porn, there are a few things you should not do:

• Do not panic: It is natural to feel anxious and confused, but panicking will not help the situation.
• Do not say anything to the police without first speaking with your attorney: Even if their intentions seem innocent, every word could be used against you later on in court.
• Do not give them access to your phone or computer without first speaking with a lawyer: In cases such as these, where technology is involved, and charges may be serious, what might seem like an innocent mistake could be seen as evidence of wrongdoing by prosecutors.

If you are facing revenge porn charges, it is important to talk to an attorney about your case. A seasoned criminal defense attorney may help you understand revenge porn laws such as California Penal Code 647 j and how they may apply to your case and craft an effective defense strategy to protect your rights.

When Is Revenge Porn a Crime?

To secure a conviction under California’s revenge porn law, the prosecution is required to demonstrate several key elements:

• Possession of naked pictures depicting a person’s intimate body parts who can be recognized or explicit images showing you in sexual acts such as sexual intercourse, oral copulation, masturbation, sodomy, or sexual penetration.
• Nonconsensual pornography
• Deliberate dissemination of private and intimate images. An example may be sharing videos online.
• An agreement or mutual understanding with the person depicted that these sexual or nude images were to be kept confidential.
• Awareness, or the reasonable expectation of awareness, that sharing the image would likely lead to emotional distress for the depicted identifiable person.
• Actual and serious emotional distress experienced by the alleged victim in the image as a result of its distribution.

Facing revenge porn charges may be a serious crime. Contact a skilled criminal defense lawyer at Aron Law who has specialized knowledge of revenge porn cases as soon as possible.

What Is the Definition of “Intimate Body Part” Under PC 647j4?

The term “intimate body part” is defined, for the context of PC 647j4, as including:

• Genitals
• Anus
• For females, any part of the breasts below the top of the areola

An “identifiable person” refers to situations where it is likely that others could recognize the alleged victim depicted.

What Constitutes Intentional Distribution?

Intentional distribution occurs when:

• You personally distribute or share the image
• You purposefully get someone else to share it
• You understood that it may cause serious emotional distress

This can happen through various means, such as emailing, texting, sharing on social media, using another digital platform, in person, or by posting revenge porn on an adult content site.

Circumstances Exempt from Guilt

Under the specific statute, you are exempt from guilt in cases where the distribution occurs:

• While reporting illegal activities
• In compliance with a legal order, such as a subpoena, for use in legal proceedings
• As part of a lawful public proceeding

Contact a lawyer if you believe a revenge porn charge is exempt from guilt. We are well-versed in California revenge porn laws.

Possible Penalties for Posting Revenge Porn Images or Videos in California

A violation of California Penal Code section 647(j)(4) may be difficult to prove because there are many ways people may share your photos online without your knowledge or permission.

However, any accusation that you have posted revenge porn should never be taken lightly because the penalties for violating California Penal Code 647(j)(4) are harsh. They include:

• Up to six months in jail
• $1,000 in fines for a first offense

For each subsequent offense, penalties may increase by one-year imprisonment and an additional $1,000 fine.

You may also be required to register as a sex offender under California law, which means that you will have to provide personal information, such as your address and whereabouts to the state registry.

This public registry keeps track of all registered sex offenders and makes this information available on its website for anyone who wishes to view it.

In addition, if you are required by court order or other applicable law to pay restitution for the alleged victim for losses or injuries arising from the crime, then this would also be part of your sentence.

Potential Defenses for Revenge Porn Charges

Facing charges related to revenge porn in California can be both stressful and complex, given the serious implications of such accusations.

However, several potential defenses can be employed to contest these charges, depending on the specific circumstances of the case. These defenses can mitigate the charges or potentially lead to an acquittal. It is crucial to work closely with a knowledgeable criminal defense attorney to navigate these legal strategies effectively. 

1. Lack of Intent to Cause Harm

One of the foundational elements of revenge porn charges is the intent to cause emotional distress or harm by distributing explicit material without consent. The defense may argue the accused did not have the requisite intent to cause harm.

For instance, if the distribution of revenge porn was accidental or the result of a misunderstanding, this could be a viable defense.

2. Consent Was Given

If it can be demonstrated that the person depicted in the images or videos had given their consent for the material to be shared, this could negate the revenge porn charges.

The person’s consent must have been clear and unequivocal, and proving this may involve text messages, emails, or other forms of communication in which consent was given.

3. Mistaken Identity

In the digital age, where anonymity and impersonation are not uncommon, a defendant might argue mistaken identity.

They could claim that someone else distributed the material while impersonating them or without their knowledge. Digital forensic evidence may be critical in proving this revenge porn defense.

4. Lack of Knowledge

A revenge porn defense might assert that the accused was unaware they were distributing private, sexually explicit material. This could apply in situations where the accused believed the material was not explicit or was otherwise misinformed about the content they were sharing.

5. First Amendment Rights

Though a more complex and less commonly used revenge porn defense, arguing the First Amendment rights to freedom of speech and expression might be applicable in certain contexts.

However, this defense must be carefully balanced against the rights of the individual depicted in the material, as revenge porn laws are designed to protect against non-consensual distribution.

6. Unlawful Search and Seizure

If the evidence against you was obtained through a violation of the Fourth Amendment against unlawful search and seizure, the evidence might be deemed inadmissible in court. This could involve instances where law enforcement searched personal property without a necessary warrant or probable cause.

7. The Material Is Not Considered Explicit by Legal Definition

The legal definition of what constitutes sexually explicit material can vary. A defense might argue that the content shared does not meet the legal threshold for being considered explicit and thus does not qualify under revenge porn laws.

Accused of Publishing Revenge Porn? Hire a California Criminal Defense Lawyer Today

If you are facing a revenge porn allegation in California, it is important to contact an Aron Law Firm attorney immediately. Our team has experience protecting clients from an assortment of sex crime-related criminal charges, so we know and understand all California revenge porn laws, including those related to revenge porn.

Contact our office today to begin discussing your situation with an Aron Law Firm criminal defense attorney by calling (805) 618-1768, or you may complete our contact form. Reach out to us any time, day or night.

• Category: Criminal Defense