In California, it is illegal to distribute sexually explicit photos or videos without the subject’s consent. It doesn't matter if the individual in question gave their permission to take the video or photo; if you distribute it electronically without their permission, you could end up in jail. If you're charged with committing an act charged as revenge porn, you should hire an experienced sex crimes attorney so they can help you fully comprehend California's laws around these charges.

At the Sex Crimes Attorney, we are available to offer you legal counsel and representation for California sex crime charges, including revenge porn. Our attorneys are capable of handling even the most challenging legal issues.

California Revenge Porn Laws Under Penal Code 647(j)(iv)

Legislators in California enacted a "revenge porn" law that makes it illegal to distribute images of a person's private parts on the internet without that person's permission. California's Penal Code section 647(J)(iv) defines revenge porn, which is a sub-category of non-consensual pornography.

Spreading online images of someone having sex or committing sexual activities without their permission is illegal under the revenge porn statute. This statute is an effective weapon for prosecutors to defend victims whose reputations have been damaged by someone they formerly trusted.

It is also comparable to California's laws on the invasion of privacy when somebody secretly films sexually explicit films or takes images of another person without that person's consent or knowledge. Invasion of privacy statutes differs from revenge porn statutes in that the victim originally gave permission to take sexually explicit images or films with the assumption that they would stay private, and the person who distributes them does so without their permission.

The majority of revenge porn acts include uploading sexually explicit photographs and videos online without the subject's knowledge or consent. Criminal charges involving sexting or similar conduct often arise when one ex-partner is out for vengeance following a bad breakup from a romantic relationship.

If you've been charged with committing revenge porn, you should seek the advice of a sex crimes criminal defense attorney as early as possible so they can start working on your defense.

The Definition of Revenge Porn

Simply put, "revenge porn" describes the act of distributing explicit images of someone else on the web with the intent of taking vengeance. Many cases of alleged revenge pornography include the online distribution of sexually explicit materials from a previous romantic relationship that did not end well.

However, the existence of a prior relationship isn't necessary to be charged with committing the offense. Regardless of your previous relationship with the individual, sharing sexually explicit photographs without their agreement is illegal.

Revenge porn can also be described as pornographic material shared without the victim's permission. The purpose of this statute is to shield individuals from the psychological damage that can result from the public distribution of their private and intimate videos and images.

The following are some instances of scenarios that could lead to revenge porn charges:

  • Sharing sexually explicit photos of your current or previous relationship online.
  • Sending sexually explicit photos of a former or current partner through text.
  • Invading the privacy of another individual by breaking into their computer or mobile device and distributing intimate photos.
  • Arranging for a third party to share graphic images or videos without the victim's knowledge.
  • Recording someone else's private activities secretly and then sharing the film online.

Any form of public distribution is adequate to sustain a conviction. Additionally, it is unlawful to share a picture of more than a single individual if only one of the subjects gives consent.

To be found guilty, the distribution has to be public and deliberate. Sharing explicit photographs when disclosing unlawful conduct, responding to a court order, or taking an active role in an official process is exempt from this rule. A conviction for revenge porn adds to your criminal record in addition to possible jail sentences and monetary penalties. The repercussions associated with a conviction on your record could be significant.

Why California Punishes Revenge Porn

The primary reason California law penalizes revenge porn would be the damage it brings to the victims. Sharing someone else's sexual videos or images could cause them to lose meaningful relationships, as well as their prospects for school and work.

The people whose pictures surface online often become the targets of stalking, harassment, and assault. The victims' emotional suffering could force them to quit their jobs or transfer to another institution. Victims of these acts, in certain extreme cases, commit suicide.

Revenge porn can also be considered a type of domestic abuse. If the defendant has sexual photos of their victim, he or she may use such photos as a weapon to keep the subject from leaving the relationship. The offender can additionally threaten to release the images to dissuade the victim from reporting abuse or seeking child custody.

Revenge porn has occasionally been used by exploiters including sex trafficking organizations to lure unsuspecting individuals and have control over them. In certain instances, sexual abusers can take pornographic pictures of the victims and post them online to publicly humiliate them or to dissuade them from coming forward with information about the offense.

Revenge porn is a common offense in the United States. A survey that was carried out on a national scale in 2017 indicated that one in 8 individuals who use social media in the country had been the subject of revenge pornography.

Which Images Are Protected Under California's Revenge Porn Law?

The image in question must show sexual activity or a private body part. The term "sexual act" is used generically to refer to any kind of sexual activity, including oral copulation, masturbation, or sodomy.

Any area of the genitalia or the anus is considered to be an intimate body under California law. If the person is female, this also includes her breasts which are either uncovered or barely covered. Additionally, there should be some likelihood that another person could recognize the individual shown in the photographs.

What The Prosecutor Needs To Prove

Learning the ins and outs of the state's revenge porn statutes is essential to mounting a successful defense. According to Penal Code § 647(j)(iv), the prosecution must establish each of the following factors beyond a shadow of a doubt for a defendant to be found guilty of revenge porn:

  • The defendant personally and intentionally distributed the image.
  • The image shows another identifiable person's body parts, or it shows a person who can be identified as engaging in sexual activity.
  • There was an understanding or agreement among the parties that the photo would be kept private when it was taken.
  • The defendant had actual or reasonable knowledge that the dissemination of the photos would result in significant emotional distress.
  • The person in the picture did experience extreme emotional distress.

Under this law, questions frequently arise over the definition of deliberate distribution of a private bodily part of an individual that can be identified. Also, remember that PEN 647(j)(iv) outlines circumstances in which you can't be convicted of this offense, and Assembly Bill 602 grants some "victims" the entitlement to sue the perpetrators.

Image of an Identifiable Person's Intimate Body Part

According to PEN 647(j)(iv), "intimate body parts" refer to any part of:

  • Their genitals.
  • Anus.
  • In females, any part of their breasts underneath the areola's top.

"Identifiable persons" simply means there is a likelihood that that victim can be identified.

Deliberate Distribution

You deliberately distribute a photo when:

  • You distribute the image yourself.
  • You deliberately cause someone else to distribute the image.

Examples of this include transmitting the image via email, text messaging, social networking sites, another electronic gadget, or personally uploading the image to a pornographic website; and so on.

Examples of No Guilt

According to the relevant statute, you won't violate PEN 647(j)(iv) under the following scenarios:

  • You were in the process of disclosing illegal activities.
  • While heeding a court order or subpoena to produce evidence for a legal case, or
  • When participating in a legitimate public session.

Assembly Bill 602

California recently passed Assembly Bill 602, a piece of legislation that grants those deemed to be victims of falsified sex films:

  • The ability to bring legal action against anyone who shared or created it.
  • This ability to sue is only going to be applicable if.
  • The person portrayed in the film didn't give permission.
  • Before its production or release.

The falsified videos that this law targets are called "deep fakes." These recordings use someone's face—often a famous person—without that person's permission into an explicit film.

How are Non-consensual Porn Charges Penalized in California?

Unauthorized utilization of electronic equipment, cyber harassment, and nonconsensual dissemination of photographs of another person are all major crimes in the state, and those found guilty of these offenses risk spending time in prison or in jail as well as paying penalties.

Punishment for Electronic Device-Based Harassment

In California, using an electronic gadget to harass someone else is considered a misdemeanor offense. This is under California PEN 653.2. In California, a misdemeanor conviction carries a maximum jail sentence of 364 days, a maximum fine of up to one thousand dollars, or both.

Penalties for Illegally Distributing Private Images

In California, it is a misdemeanor to distribute a private picture without permission. According to California PEN Section 19, anyone charged with this misdemeanor can spend a maximum of 6 months behind bars, pay a maximum of one thousand dollars in fines, or both.

If the person who was subjected to the unlawful dissemination was a child during the commissioning of the offense, the offense is penalized by a jail sentence for not more than 364 days, a fine of not more than two thousand dollars, or both.

Penalties for Unauthorized Use of Electronic Devices

In California, the most serious allegation that can be brought against someone who used an electronic device without authorization to send out harassing messages, share digital images of someone else, or both will be charged as a felony. This is under California PEN Section 502. In California, a person found guilty of this crime risks a maximum of 2 years in jail, a maximum fine of ten thousand dollars, or both penalties.

The Potential Consequences of Revenge Porn in California Divorce and Child Custody Cases

Revenge porn could have a major effect on various family law matters in California, such as child custody and divorce, along with the financial losses related to a lawsuit. One of the reasons that revenge pornography will impact such kinds of proceedings is its designation as a form of domestic abuse, coupled with the potential to obtain a restraining order that will keep the defendant away.

The offender's chances of winning a custody dispute are diminished when they have a protective order or simply a domestic abuse charge on their criminal record. This can be particularly detrimental for parents who are accused of revenge pornography while the other party is the victim.

Fighting California Revenge Porn Charges

If you have been accused of revenge pornography, your criminal defense lawyers can employ some legal arguments to defend you, such as:

There was Consent

In cases where a person is accused of harassing another individual or unlawfully sharing a private image, they can claim that the individual portrayed in the image gave their permission for the image to be shared.

However, having consent to record the image is different from being permitted for distribution. Additionally, consent is not a defense when the person who leaked the images subsequently sent their victim a threatening message or took other steps that enabled other people to bully the victim.

Permission to Use Device

If you've been accused of using a device without authorization, but you had permission to access the network, device, or system, and the information it contained, you could be able to use that to your advantage in court.

However, if you uploaded data (including photos) or published data in another manner on the network, device, or system, then you must have additionally obtained permission from the person portrayed in the material or from the person whose information was disclosed to make such disclosure.

There Was No Justifiable Expectation of Privacy

An individual accused of distributing a private image could raise an argument that the person who viewed or filmed the image had no legitimate privacy expectation. The absence of a victim's justifiable expectation of privacy, nevertheless, does not constitute a legal justification for electronic harassment.

You Had No Desire to Distribute

To prove guilt, it must be shown that the accused knowingly shared an image depicting a person's private parts or sexual acts. Charges against the defendant could be dropped if they can show that they had no intention of disseminating the purported image. A person who is charged can successfully defend themselves by claiming that, if they did distribute the photographs, they did it accidentally.

You Had No Intent to Cause Emotional Distress

The burden of proof lies with the prosecution to show that the defendant knew, or ought to have been aware, that the distribution of the incriminating image would result in mental trauma to the subject depicted in the photo. If the accused party can demonstrate that they were unaware of this, for example by saying that they shared the picture as a joke, they could potentially avoid being convicted.

There Was No Distress Caused

For a guilty verdict in this case, the person depicted in the photo must be shown to be enduring emotional anguish. If it could be demonstrated that the individual is not psychologically distressed as they say they are, then the accusations against you may be dropped.

Unidentifiable Image

The allegations may be dropped if the picture in question contains unclear features that raise questions about the identity of the subject captured.

Related Offenses

The following crimes are often referred to as "related" since they typically fall under PEN 647(j)(4)(a) and/or share components that the prosecution must establish beyond a shadow of a doubt.

  • PEN 647(i), Peeking while loitering.
  • Video voyeurism under Title 18 of the United States Code 1801.
  • Invasion of privacy under PEN 647(j).

Peeking While Loitering

A person is guilty of peeping California PEN 647(i) if they loiter, prowl, or wander into a private residence and look through an unlocked window or door of a building without having any legitimate business with its occupant or owner.

The offense is closely associated with Revenge Porn since photos obtained without the subject's consent could be circulated alongside those penalized under PEN 647(j)(4)(a), allowing both counts to be filed in a single case. If found guilty of peeking, you could receive the following penalties:

  • A maximum jail sentence of six months.
  • A maximum fine of a thousand dollars.
  • Both a monetary penalty and a jail term.

The prosecutor must establish the following facts beyond a shadow of a doubt to prosecute you under California PEN 647(i):

  • You loitered, lingered, prowled, or walked around on another person's private property without permission.
  • You didn't have a legitimate reason to be on the property.
  • Finally, while you were on the premises, you peered inside a window or door of a building that appeared to be occupied.

Video Voyeurism

Video voyeurism is defined by the "Video Voyeurism" legislation as the unlawful recording of someone else without their consent in a place where they have a right to expect privacy. The offense has a relation to revenge porn since both charges can result from the distribution of photos without the victim's permission.

If you are found guilty of "Video Voyeurism," which is a federal offense, you could face the following penalties:

  • A sentence of up to a year in federal prison.
  • A hundred thousand dollars in fines.
  • Both a fine and a time in custody.

According to Title 18 of the United States Code, Section 1801(a), the prosecution must establish the following facts beyond a shadow of a doubt before finding you guilty:

  • You took a picture of someone's private parts without their permission while they had a right to expect privacy.

Invasion of Privacy

In California, it is illegal to intentionally invade someone's privacy by peering through a window or any other opening into a private space like a bathroom, bedroom, fitting room, changing room, tanning booth, dressing room, or another place where that individual expects privacy. This is codified under California Penal Code section 647(j).

There is a connection between this crime and "Revenge Porn" since photos that infringe on someone's privacy could also lead to criminal prosecution under California Penal Code section 647(j)(4)(a).

If you are found guilty of a violation of someone's privacy, you could be sentenced to:

  • A maximum sentence of six months in jail.
  • A potential monetary penalty of a thousand dollars.
  • Both a fine and jail time.

The prosecuting attorney must establish the following facts beyond a shadow of a doubt to prosecute you under California PEN 647(j):

You gazed through an opening or hole, into, or yet watched something using any tool, including:

  • Telescope.
  • A periscope.
  • Camera.
  • Binoculars.
  • Camcorder.
  • Motion picture camera.
  • Electronic device.
  • Unmanned aircraft systems.
  • Cell phone.
  • The bedroom's interior.
  • Fitting room.
  • Bathroom.
  • Dressing room.
  • Changing room.
  • Tanning booth.
  • Or any other place where that person had a legitimate expectation of privacy, and you acted with intent to violate their privacy.

Find a Criminal Defense Attorney Near Me

Revenge Porn is considered a major offense in California. If you've been accused of revenge porn, you should hire a seasoned criminal defense attorney early on to give them enough time to build your defense. Being convicted of this offense could put your freedom, rights, and livelihood at stake. A skilled criminal defense lawyer could be able to minimize your sentence, negotiate a reduced charge as part of a plea bargain, or even have the charges dropped entirely.

The attorneys at the Sex Crimes Attorney have a thorough understanding of the California criminal justice system as well as the local courts. Call us today at 888-666-8480.