Revenge Porn Law In California

A first date turned into a nightmare for a Los Angeles woman who found herself the victim in a revenge porn case. As reported by KTLA News 5, she reluctantly agreed to be videotaped during an intimate encounter with her date, whom she met online. Though he promised to delete the footage, he actually uploaded the content to an adult website shortly after the two cut ties. The man was soon arrested and charged with revenge porn, a crime of disorderly conduct under California law. Any sex crime is a matter punishable by harsh penalties under state law, so you should know what you’re facing if you’ve been charged with revenge porn.
Revenge Porn Defined Under California Law: Any nonconsensual pornography distributed to someone without the subject’s consent is revenge porn. The images may be still photos or video images to qualify under the law, and the “someone” may include an individual or the public at large. Plus, it’s not necessary for the person to actually take the photo in order to be in violation of revenge porn laws in California: Hacking into the subject’s computer or other electronic device can be charged as revenge porn under state law.

The circumstances of capturing the images are important to determining “consent.” For instance, when the person does not agree to having the photo taken and does not consent to the distribution, there is no consent. Another scenario may be where the subject does agree to allowing video capture, but does not consent to the distribution. In either case, the victim may press revenge porn charges.

Revenge Porn Cases In California

Because of the damage that can be done to a victim of revenge porn, prosecutors may be aggressive in pursuing these cases. Still, revenge porn is treated as a crime of disorderly conduct under the California Penal Code, which is a misdemeanor offense. As these crimes get more serious and more become at stake, these are often being filed as felonies.

Potential Sentence for a Revenge Porn Conviction

If convicted of revenge porn as misdemeanor, you could be facing a sentence of six months in prison and a fine up to $1,000. Criminal penalties increase if you have a prior history for revenge porn, so your potential sentence could include a year in jail and maximum fine of $2,000. Because revenge porn is a disorderly conduct crime, you will not be required to register as a sex offender in most cases.

Keep in mind that a case of revenge porn can turn into serious sex crime charges if the subject of the images is under the age of 18. Under these circumstances, you may be convicted of the felony of child pornography and required to register as a sex offender.

Revenge Porn Law In San Diego

Revenge porn is a relatively recent concept under California law, but the foundation of the case – disorderly conduct – is nothing new. Prosecutors in San Diego can be just as tough as the rest throughout California. Prosecutors will be tough in pursuing the case against you, and it can be difficult to defend yourself considering the concrete nature of the evidence. However, a qualified criminal defense lawyer can identify defenses and present arguments to counter the prosecution. Please contact an experienced criminal defense attorney in San Diego to discuss a revenge porn case, or with any questions.

Ozols Law Firm
8880 Rio San Diego Dr. #22
San Diego, CA,
92108