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San Diego Revenge Porn Defense Attorney

Are You Being Accused of Posting Nude Photos Without Consent?

“Revenge porn” was only recently outlawed by California in 2013. It is an extension of our state’s existing invasion-of-privacy laws.

Invasion of privacy is when someone secretly records images of a sexual nature of another person without his or her knowledge or consent. Revenge porn, on the other hand, consists of distributing sexual images or video of another person without consent. For revenge porn to be considered a crime, the victim must have initially understood that sexual images were being taken. However, there must have also been an understanding that those images would be kept private.

Revenge porn is taken very seriously in San Diego. If you were accused of this crime, contact a San Diego criminal defense lawyer as soon as possible to protect yourself. Call jD LAW, P.C., at (760) 630-2000 to schedule a free case evaluation.

Revenge Porn in the Penal Code

The crime of revenge porn can be found in California Penal Code 647(j)4 PC. For a person to be charged with this crime, he or she must intentionally distribute an image of an intimate body part of another person. The victim must be identifiable in the image, whether by the face or another characteristic unique to the victim, such as a birthmark.

The Code also states that for the crime of revenge porn to occur, there must have been an understanding between the victim and the accused that the image would remain private. The victim must also suffer emotional distress as a result of the image’s distribution.

In addition, person may be found guilty of revenge porn even if he or she did not distribute the image, but had someone else do it.

Penalties for Revenge Porn

Revenge porn is considered a misdemeanor crime in California. Those convicted of a first offense may be placed on summary probation, sentenced up to six months in county jail, or be required to pay a fine up to $1,000.

Under certain conditions, those penalties can become harsher. When a person has a prior conviction for revenge porn, sentencing may include up to one year in county jail and a fine of up to $2,000. This is also true if the revenge porn consists of images of a minor – anyone under 18 years old. In the latter case, the accused may also face child pornography charges.

Defenses for Revenge Porn

Revenge porn convictions rest on a few specific elements of the case. The best defenses refute these elements. For example, if the victim cannot be identified in the images, he or she has no reason for emotional distress. In addition, the victim may have never stated the images were to remain private. This is a key consideration in revenge porn charges. If it cannot be proven that the victim thought the images would remain private, there is no proof of a crime.

Lastly, for a person to be found guilty, he or she must have intentionally distributed the image in question. If he or she did so mistakenly, such as by accidentally emailing the image to another person, this is not considered a crime.

Contact a Criminal Defense Specialist in San Diego

Although revenge porn is a misdemeanor offense, those charged still need a strong defense. If convicted, you will have a permanent criminal record that will follow you around for the rest of your life.

An accusation of revenge porn is not a conviction, and our San Diego defense lawyers will give you the best chance of ensuring it never turns into one. We know the laws surrounding revenge porn, and the defenses available for it. Contact jD LAW, P.C., today at (760) 630-2000. Your initial consultation is free.

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James N. Dicks

About James N. Dicks

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