That photo you carelessly post on revenge porn sites or on social pages to get back at an ex could land you in jail. Revenge porn is both a domestic violence offense and a cyber-harassment crime. It becomes a domestic violence offense when committed against a current or former intimate partner.
Domestic violence is a frowned upon crime in California and, indeed, the US. It can lead to immediate consequences such as a restraining order if the victim reports the offense. It has known adverse effects on the physical, psychological, and emotional wellbeing of the victim.
Domestic violence has grown from physical abuse to more unlikely forms of emotional manipulations such as revenge porn.
Charges of domestic violence attract a lifetime criminal record. Additional consequences include loss of child custody battles, denied visitation rights, restraining orders, and restitution to a battered women's shelter. The Los Angeles Criminal Lawyer provides defense services if you are charged with revenge porn because we understand that some accusations arise out of misunderstandings, malice, etc.
Revenge Porn Overview
The growth of technology has made it easier to share information with multiple parties simultaneously. This rapid growth has also changed the way parties in a relationship interact, with more people sending nude photos of themselves with each other. Sometimes, these couples will even record themselves during intercourse.
However, such exposure, ease, and comfort of sharing nude photos increase the possibility of misuse, during, or after a relationship. In some cases, the parties will take nude photos or videos of you without your consent or knowledge. That offense becomes an invasion of privacy.
Leaked porn videos or nude photos of celebrities are common, but not limited to people in the public eye. Revenge porn is a growing concern across all levels of relationships, with some perpetrators posting explicit images of minors (in violation of child pornography laws).
When romantic relationships start showing signs of trouble, one or both partners might be aggravated and resort to embarrassing measures to control, manipulate, or humiliate the partner. Some partners will even encourage strangers to harass their ex or current partner.
Such actions fall under domestic violence, in a recently passed law of revenge porn. California penal code 647(j) (4) PC is the law that forbids committing the crime of revenge porn.
The statute provides the legal definition of revenge porn, which includes the following elements:
- You had the image of an identifiable person in which the person is engaged in sexual intercourse, or his or her intimate body part is visible
- You intentionally distribute the image
- An understanding to keep the image private existed between you and the victim
- You know or should have known that the victim would suffer emotional distress due to the distribution of that image
- The victim experienced emotional suffering
These elements also have language that needs further explanation. The law refers to an intimate body part as:
- The genitals
- The anus
- Any part of the breast below the areola (for females)
An identifiable person is one who can be recognized by another person. Revenge porn occurs when you intentionally distribute images of another person displaying sexual intercourse or an intimate body part.
Intentional distribution occurs when you personally distribute or intentionally cause another person to distribute that image.
You might be charged under California’s domestic violence laws if the victim of revenge porn is your current or former:
- Spouse
- Partner
- Cohabitant
- Registered domestic partner
Revenge porn is classified as domestic violence because the behavior is threatening, and could place the victim in reasonable fear of physical harm. For example, people who post revenge porn alongside the information of the victim expose the victim to harassment and possible assault from strangers.
Most cases of revenge porn as domestic violence arise at the end of a relationship. One of the disgruntled parties posts photos or videos online to embarrass or humiliate the victim.
At other times, the perpetrator strives to exercise control over the victim to ensure that he or she does not break up with the offender.
However, not all instances of sharing the explicit photos or videos of another person amount to revenge porn. These situations include:
- In response to a subpoena
- While reporting an unlawful activity
- In the process of a public legal process
While California was the first state to introduce revenge porn laws, legislators still feel that the laws are not strict and far-reaching. They have introduced additional legislation, which will see revenge porn covering a wider area and offenders facing severe penalties.
One such legislation is the AB 602, which proposes that victims have the right to sue people who create or share fake sex videos, commonly known as deep fakes. Deep fakes are an issue among celebrities, but an offender can use AI to create fake videos using the images of the victim.
Another legislation recommends stricter sentencing, including making revenge porn a felony and requiring convicted offenders to register as a sex offender. AB 2065 also recommends the punishment of persons who threaten to share the explicit images of another person.
Another bill, SB 894, recommends increasing the statute of limitations to allow victims of revenge porn more time to seek justice. The bill recommends that the statute of limitations should start running after the date the victim discovers the shared images. This means that, if the bill is approved, you could be charged for an offense committed years before, as long as it is within one year of the discovery of the image.
Consequences of Revenge Porn
Domestic violence offenses are treated with seriousness in California. Due to the increased likelihood that a woman will be the victim of domestic violence, including revenge porn and the quest for gender equality, the likelihood of facing severe punishment is higher.
The sentence for revenge porn includes up to a year in county jail and a fine of up to $1000. You might also pay additional fines up to $2000 for a second offense.
You might get probation instead of jail time if this is your first offense, and the victim did not suffer significant injuries. However, you might have to spend a minimum of thirty days in county jail if you are convicted.
Other consequences of a revenge porn conviction in California include:
- Payment of victim restitution to cover costs such as mental health counseling (or other damages resulting
- Payment of $500 into a domestic violence program
- Participating in a batterer’s program for a year
- A permanent criminal record which further compromises your employment opportunities
- You might lose custodial rights, and some times, visitation rights
- Loss of gun rights for about ten years (for a misdemeanor conviction)
You might also have to comply with the requirements of a restraining order that the victim request. Violating the protective order could lead to additional consequences based on whether the victim was hurt.
The victim might also sue you in civil court for any damages resulting from the offense. Therefore, you must defend yourself and fight these charges, since a criminal conviction will increase the likelihood of paying more in civil damages.
Legal Defenses
Revenge porn can lead to lifelong consequences, especially when charged as a domestic violence offense. For example, you could lose custody rights of your children and have a permanent record.
You stand a chance of lessening the effect of these consequences through a strategic legal defense. Since revenge porn happens over the internet or using communication devices, there are several possibilities that you could be wrongfully accused of a crime.
Attorneys working on revenge porn cases usually examine the possible scenarios, but not just the testimony of the victim or what appears to be on the surface.
The first defense you can use is that you did not distribute the victim's images or videos. Technological devices are exposed to several security risks, including hacking. Someone might remotely access your devices and share any information he or she finds.
The receivers of those messages will think you are the actual sender. However, your attorney can enlist the help of a forensic computer expert to identify the source of the messages.
Another defense is that the victim has shared similar photos and information as you did. For example, you might use this defense if the social profile of the victim contains a similarly explicit photo, and his or her contact information or location.
A person sharing his or her information, including such explicit photos, is not embarrassed by their content; therefore, the likelihood of being embarrassed by sharing such information would be lower.
In a similar defense, you could argue that the victim did not suffer emotionally due to the distribution of the images or videos. Emotional suffering for the victim is one of the elements of revenge porn. Therefore, the prosecution must prove beyond a reasonable doubt that the victim suffered.
Most victims of revenge porn experience depression, withdrawal, and low self-esteem after revenge porn. The prosecution might cite some of these issues to show that the victim suffered. However, if the victim shows no signs of emotional suffering, then you cannot be guilty of the offense.
You could also defend yourself by asserting that you did not intend to cause emotional suffering to the victim. The intent to cause emotional harm is one of the defining components of revenge porn.
Sometimes, you might post information accidentally and without any intention to cause another person’s suffering. For example, by uploading the wrong photo, the victim might see that as a retaliatory act while it is accidental on your part.
The law requires that there exist a mutual understanding that the explicit material shared between partners remain confidential. However, if you did not have such an understanding, you cannot be guilty of the offense.
The agreement can be explicit or implied. For example, if your partner keeps the images in his or her gallery in a protected folder, then it implies that he or she expects them to be private. However, if he or she is free to share them across the internet publicly, then you might read that as consent to have similar images shared.
Some cases of revenge porn arise due to false accusations. The "victim" can have several motives to accuse you of the offense, including:
- To control the relationship
- To revenge
- Malice
- Jealousy
The alleged victim might also further the accusations by posting these photos using your phone, credentials, and accounts. For example, he or she might create a fake account using your email address and share the material on revenge porn sites, encouraging another person to harass him or her.
Criminal lawyers are skilled in handling false accusations to prevent wrongful convictions. Therefore, ensure that you have one working on your case as soon as possible.
Finally, you can assert that the victim allowed you to share the images. Posting the pornographic material of another person becomes a crime if you did not have the consent of the subject displayed.
You must also show that the victim understood what he or she consents, and you acted within the consent of the victim. For instance, if the victim consents to you sharing a faceless nude photo, then you should not post one with his or her face on it.
The defenses against charges of revenge porn depend on the circumstances of your case. For instance, the message you post alongside the images will say much about your intention. An insulting message that encourages the public to harass the victim will prove that you intended to cause emotional distress to the victim.
The victim can also cite the nature of your relationship and threats you might have made in the past. The likelihood of a conviction increases if the victim has reported you for domestic violence before.
How the Prosecution Builds a Case Against you
The prosecution has the burden of proving the offense beyond a reasonable doubt. Therefore, it must gather the relevant evidence and witnesses to show that you are guilty of the offense beyond a reasonable doubt.
The case building process begins with the police. When the victim reports the offense, the police will create a report and submit it to the DA with any relevant evidence.
The police have a great bearing on whether the prosecution files charges against you. They must gather enough evidence to warrant a prosecution. Most of the evidence will come from the victim, including the said photos, their location, and the possible offender(s).
The district attorney will review the case and decide to file charges or not. If the charges are filed, you might be placed into custody.
This is usually the best time to hire an attorney. He or she can negotiate with the prosecution early on. Your attorney can learn the key facts of the case and start preparing a case early.
If you are arraigned, the prosecution will offer a lighter sentence in exchange for a guilty sentence. However, taking a plea too early will deny you the chance to defend yourself. You can always accept a plea deal later in the pretrial process.
After the arraignment, the case goes into the discovery process where your attorney gets the evidence the prosecution has against you. At this stage, your criminal lawyer has a better chance of determining the weight of the case, if you can get a better deal, a dismissal, or an acquittal.
The prosecution might call upon the victim, people who interacted with the message, and expert witnesses to provide their testimony to the offense. It might also provide information about websites on which you posted the material.
Once the prosecution presents its case, the defense has the chance to fight these charges. During the pretrial phase, the prosecution and defense negotiate to find the best solution. At this stage, your attorney can negotiate a plea deal based on your circumstances.
Your case is likely to resolve at this stage or move to trial. At trial, you will present the defenses and closing remarks, and the prosecution will present its case. The jury will then decide your guilt by the evidence against you or other factors that they use to judge the case.
Criminal attorneys work closely with the prosecution to ensure that they understand the material to be used as evidence and the strength of the prosecution’s case. Also, the close relationship can form a basis for a favorable settlement such as probation instead of jail time.
Find a Los Angeles Criminal Attorney Near Me
The consequences of revenge porn as a domestic violence offense are severe. You must therefore fight, through an experienced attorney, to minimize the consequences of a conviction.
Your defense could also lead to the dismissal of your charges or an acquittal. Finding a lawyer promptly gives him or her sufficient time to prepare your case and the relevant defenses that might apply to you.
The Los Angeles Criminal Lawyer has represented clients facing various charges of domestic violence. We work closely with our clients from the beginning to the end of your criminal case.
Contact us today at 310-502-1314 if you need revenge porn defense services in Los Angeles.
