CA Revenge Porn Laws

Los Angeles Criminal Defense Lawyer

A recent concept in criminal law, various jurisdictions, including California, have recently implemented "revenge porn" laws.  These new laws address particular conduct which has become increasingly common in our new digital age.  As our relationship with technology changes aspects of our everyday lives, it also results in changing criminal laws.  If you or a loved one has been accused of "revenge porn" this article may provide some basic information about what that means, but is not intended as legal advice specific to a particular situations.  There is no substitute for a consultation with a criminal defense attorney.  Call the Law Offices of Nicholas Loncar today for a FREE CONSULTATION with a Los Angeles criminal defense lawyer.

What Is Revenge Porn?
Revenge Porn involves the digital distribution of nude or sexually explicit photos and/or videos of a person without their consent. It is called “revenge porn" because the images or videos are often distributed as retaliation by a current or former romantic partner.  Additionally, hackers and scam artists have been known to access private images and use them as blackmail material.  This may be particularly true in the context of people who are public figures, married, or otherwise hold their privacy in great regard.



California Penal Code 653.2 PC
Makes it a crime to send electronic communications (such as emails or text messages) with the intent of placing the recipient in reasonable fear for his or her safety or that of his or her immediate family. This offense is a misdemeanor punishable by up to one year in jail and a fine of up to $1000.

California Penal Code 647(j)(4)
Under this law, anyone who “photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree upon the promise of fact that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the victim suffers serious emotional distress, such a person has committed and offense of Revenge Porn and subject to the punishment thereof.”

In order to convict a person of violating revenge porn laws, there must be evidence to support each of the following elements: 

• There Must be an image of the intimate body part of another identifiable person, or an image of that person engaging in sexual intercourse, sodomy, oral copulation or masturbation.
  
• There Must be an intentional distribution of that image by any means.
  
• There was an understanding and consent upon the fact between the victim and the accused that the image would remain private between both of them.
  
• There Must be an intention of causing emotional distress to the victim by distributing the images.
  
• Such an action Must have caused the victim a serious emotional distress.
  

Revenge porn is a misdemeanor, punishable by up to six months in jail, one year of summary probation, and a fine of up to $1000.  If the victim of the crime is a minor, the penalties for this offense include a jail term of up to one year and a fine of up to $2000, but would likely also result in more serious charges.

CONTACT THE LAW OFFICES OF NICHOLAS LONCAR TODAY FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE LAWYER - 213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
www.iDefendLosAngeles.com

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