Revenge Porn

Technology advancement has resulted in both good and bad outcomes. While recording, taking pictures or videos, and sharing on online social sites is terrific, it could land you in legal trouble if you record and share intimate images of someone else without their consent. Revenge porn is a severe criminal offense. It happens when you post and share private photos and videos of someone else without their permission or knowledge. A conviction for revenge porn can result in jail or prison time and a hefty fine.

You will require competent legal representation if you face revenge porn charges in Chula Vista. An experienced criminal defense attorney can assist you in navigating the complicated legal system, explain your options, and plan a strong defense against your charges. We could also fight alongside you for a favorable outcome in your case at Chula Vista Criminal Attorney. We will aim to convince the judge to reduce or dismiss your charges.

Legal Definition of Revenge Porn

The invention of recording devices has made most people's lives easier and more enjoyable. You can now take pictures, record videos, and share beautiful moments with your friends on social media in seconds. Unfortunately, some people abuse this freedom by recording and sharing intimate photos of themselves and others on social media. The law restricts the type of content that you can share online. If you share private pictures and videos of someone else without their consent or knowledge, you will almost certainly face serious porn revenge charges.

Penal Code 647(j)(4) prohibits the sharing and distributing revenge porn. Under this law, it is a misdemeanor for anyone to intentionally share, post, or distribute intimate or sexually explicit pictures and videos of another individual without their knowledge or permission, causing the person emotional distress and mental anguish.

For example, you post a sexually explicit picture or video with multiple people online. Even if you had consent to  post from one person in the image or video, you could still face criminal charges. Under this statute, you would be criminally liable if you proceeded to post or distribute without the consent or knowledge of one of the participants. Here are some examples of actions that could lead to revenge porn charges:

• Without their knowledge or consent, recording or photographing one or more people as they engage in sexual acts and then uploading the image or video to a pornography site
• Taking naked or intimate photos of your sexual partner and then posting them on a social networking site after you've broken up with them
• Taking intimate photos or videos of someone with their permission but then using them on an online dating website behind their back.

The vast majority of those who face charges under this law are ex-lovers. Strangers, on the other hand, commit this crime for reasons other than vengeance.

People who use the internet for the wrong reasons thrive on the digital platform. People who commit cybercrime can sometimes get away with it quickly. However, the justice system has worked hard to identify and prosecute perpetrators of serious crimes like revenge porn. As a result, if you are suspected of breaking the law, the prosecutor will file charges against you. However, for the judge to find you guilty, the prosecutor  must prove the following elements beyond a reasonable doubt:

• You had a video or image of another individual that was intimate or sexually explicit.
• You knowingly shared, distributed, or posted the image or video online.
• You agreed with the depicted victim that the picture or video would be kept private.
• You knew or should have reasonably known that posting, sharing, or distributing that picture or video would cause emotional distress to the individual depicted.
• The person depicted experienced or was subjected to emotional distress.

Under this statute, you will be guilty if the prosecutor successfully proves these elements beyond a reasonable doubt using clear and compelling evidence.

Some of the legal phrases used in the definition of this offense can be quite perplexing. Some can even be misinterpreted. Thus, to better understand the law, let us examine some of the elements of this offense in greater detail.

Intimate or Sexually Explicit Images and Videos

Porn revenge consists primarily of taking and distributing sexually explicit or intimate images or videos of another individual. The photos or videos must depict the intimate body parts of someone else. A private body part can be any of these parts:

• Genitals
• Anus
• Female breasts or the top part of a woman’s areola

These images must belong to an identifiable person who is the victim of the crime in this case. Someone other than the defendant and the victim should be able to identify the victim depicted in the photograph or video as an identifiable person. If the victim has distinguishing tattoos and birthmarks, or if the photo/video shows objects or images in the background that could help someone else identify them, they can be identifiable.

Intentional Distribution of Sexually Explicit Images or Videos

The statute applies to a defendant's intentional acts of distributing or sharing sexually explicit images or videos of someone else. The prosecutor should prove beyond a reasonable doubt that your actions were deliberate. If you posted or shared the photos or videos or caused another person to post or share them, you could be guilty of intentional distribution.

You are not guilty under this statute if you sent intimate images or videos of someone else to another by mistake. You are also not guilty if someone else committed the offense using your digital device.

Images or Videos of Sexual Acts

The images and videos must also depict a person or people engaging in sexual acts, according to the law. Here are some examples of sexual acts that a court could consider under this statute:

• Sexual intercourse
• Sodomy
• Masturbation

Note: There could be exceptional circumstances in which sharing or distributing intimate images of another individual is not an offense under this law. These are some examples of such circumstances:

• If you share or post pictures to report illegal activity,
• If you are sharing or posting to comply with a subpoena or a court order
• If it is necessary for a legal proceeding

Because your actions were not intended to cause another person emotional distress, the prosecutor will not find you guilty under these circumstances. Remember that for the court to find you guilty, the prosecutor should demonstrate all the elements of the offense beyond a reasonable doubt. The judge can dismiss your charges if the victim did not suffer emotional distress or you were legally required to post or share the images.

The legal process for prosecuting revenge porn can be complicated. You will need legal assistance to navigate the process and fight your charges to avoid a conviction and the severe consequences that come with it. A skilled criminal attorney can assist you in obtaining a favorable outcome.

Possible Penalties After a Conviction for Revenge Porn

Revenge porn is generally a misdemeanor, attracting the following penalties upon conviction:

• A maximum of six months in jail, or
• Misdemeanor probation
• A fine of $1,000

Most of those who receive the above penalties are first offenders under this law. Repeat offenders could face a longer prison sentence or a more significant fine. If the victim of your crime is a minor, your penalties can be increased. If you are found guilty of sharing, distributing, or posting sexually explicit pictures or videos of a child, you could face a $2,000 fine and a year in jail.

If a minor is involved in your crime, the prosecutor can file charges for child pornography against you, depending on the circumstances. Remember that child pornography charges are more serious felonies, carrying a maximum prison sentence of eight years.

Misdemeanor Probation

After your conviction for revenge porn, the judge can sentence you to jail or place you on misdemeanor probation. Your sentence could range from one to three years if placed on probation. However, for the judge to let you serve your entire sentence without incarceration, you must follow certain probation conditions. Here are some examples of probation conditions for this offense:

• A requirement to take part in community service
• An order to enroll yourself in a counseling program
• You must pay the necessary court fines and victim restitution
• You must obey the law while on probation, meaning that you must not face arrest for any crime
• A requirement to aid by a protective order to safeguard the victim and their family
• If necessary, you must enroll in a rehabilitation program for drugs, alcohol, or anger management

When the judge imposes probation conditions, you must follow them throughout your probation period. If you do not comply, the police can re-arrest you, and the judge will sentence you to jail for the time required by law for the underlying offense. The judge will require you to submit periodic reports to the court. They will review these reports to see how well or poorly you perform on probation.

If you violate any of the terms of your probation, the judge will issue a bench warrant for your arrest. They will hold a probation violation hearing, where the judge will consider your evidence and arguments to determine whether or not they should continue probation. From this hearing, the judge will be able to:

• Reinstate the probation but sternly warn you against further violations
• Reinstate the probation but modify your probation conditions to include stricter conditions
• Cancel your probation and ordering your jail sentence for the full term required by the law

Probation aims to rehabilitate a defendant, turn them into law-abiding citizens, and protect members of the public. First offenders are usually given misdemeanor probation. However, a skilled criminal attorney can persuade the judge to place you on probation if you have a criminal history. As a result, hiring an aggressive attorney from the beginning of this legal process is essential. They will make certain that your best interests are served at all times.

Other Consequences of a Conviction

In addition to criminal charges, your victim can file a civil lawsuit against you to recover damages caused by your actions. If the court rules in their favor, you must pay them a hefty sum as compensation for their pain, suffering, mental anguish, and other damages.

A criminal conviction for porn revenge has serious consequences that can affect your life long after your sentence, in addition to the penalties you receive. A year in jail or probation usually does not end the negative consequences of a criminal conviction.

For example, it leaves you with a damaging criminal record that affects your interactions with others. After a conviction, it can be difficult to form long-term relationships. Your criminal record can also impact how you interact with family and friends.

Also, remember that people can run a background check on you to decide how they should treat you. If you apply for a job and a potential employer discovers your criminal record, they can reject you even if you have the necessary skills and experience.

A conviction for revenge porn can have an impact on your career. You could lose your operating license immediately following your arrest if you have a professional license. It can be challenging to regain your license even after serving your sentence.

A conviction under this law will also impact certain judgments, like child custody decisions. If the victim of your crime is a minor, the judge could find you unfit to be the custodial parent.

A criminal record can also make it difficult to find a suitable neighborhood to rent in. Most landlords are wary of ranting at an ex-convict.

If you are convicted of a felony under this law, you could also lose your gun rights. Ex-convicts are not legally permitted to own or purchase a firearm. As a result, if you already own a gun, you must surrender it. Depending on the circumstances of your case, you could lose your gun rights either temporarily or permanently.

Typically, the ramifications of a criminal conviction are numerous and severe. That is why, to fight your charge and avoid a conviction, you must retain the services of an experienced criminal attorney.

Expungement of Your Criminal Record

If the judge finds you guilty of revenge porn and sentences you to jail or probation, you must serve your sentence and pay all court fines. Unfortunately, the consequences of your conviction do not end when you finish your sentence. You still have a damaging criminal record, which could impact your social and professional lives, among other things.

Fortunately, expungement of your criminal record removes all those consequences and disabilities, allowing you to restart your life as if the conviction never happened. The removal of the conviction from your criminal record is accomplished through expungement. Once completed, anyone conducting a background check on you will be unable to discover the record and will not treat you per your criminal history.

To enjoy these and other expungement benefits, you must petition the court. To increase your chances of success, have your attorney assist you in filing this petition.

How to Defend Yourself from Revenge Porn Charges

A conviction for revenge porn has serious consequences. Fortunately, you have the right to defend yourself during the trial. With the assistance of an experienced criminal attorney, you could be able to persuade the judge to dismiss or reduce your charges. Your attorney can use various defense strategies to defend you against the allegations you face. These strategies could undermine the prosecutor's case or raise reasonable doubt. Some of the most effective strategies your attorney can employ in your case are:

You Had Consent to Distribute

When you distribute or share another person's intimate images or videos without their knowledge or consent, you face charges for revenge porn. You will not face charges under this law if you seek the approval of the person depicted and they give you permission to share or distribute their sexually explicit images. However, you would violate the law if you agreed to keep the pictures private but shared or posted them online.

It is important to note that simply taking intimate photos or videos of someone does not imply that you have their permission to share, distribute, or post them.

Your Actions Were Accidental

Keep in mind that this statute requires you to have acted on purpose. You are guilty of intentionally posting, sharing, or distributing another person's intimate images or videos. Assume your actions were unintentional rather than deliberate. The judge would then dismiss your charges. For example, someone else could have hacked into your account and posted or distributed the images or videos without your knowledge.

However, solid proof of your innocence will require the judge to accept your defense and dismiss your charges.

The Depicted Person is Unidentifiable

Remember that the law against revenge porn only applies if the person depicted in the pornographic images or videos can be identified. Someone other than you (the defendant) and the victim should be able to recognize the individual based on their physical characteristics or image background. You will not be guilty if the prosecutor cannot prove this element beyond a reasonable doubt.

The Victim Did Not Experience Emotional Distress

Your actions must cause emotional distress or mental anguish for the person depicted in the intimate images. You could persuade the judge to dismiss your charges if this does not occur.

Prosecutors must prove beyond a reasonable doubt how a person felt or reacted after a specific incident. Remember that this is a requirement for the judge to find you guilty. The burden of proof is on the prosecutor to show that the victim suffered emotionally and/or mentally when you posted or shared their sexually explicit images or videos. If your attorney successfully raises a reasonable doubt, the judge can dismiss your charges.

Revenge Porn and Related Offenses

The law has some offenses that are closely related to revenge porn. The most common of these offenses are:

Penal Code 647(j)

Illegally invading another person's privacy is a criminal offense under the law. You could face criminal charges for invading another person's privacy if you:

• Peek into someone else's private room using a viewing device like binoculars.
• Secretly filming or photographing a person's body beneath their clothes for sexual arousal or gratification
• Secretly photographing or recording someone in their private room to examine their body

If the prosecutor can prove beyond a reasonable doubt that you peered at or recorded another person when they reasonably expected privacy, the judge will sentence you to a misdemeanor. Charges under this statute carry these penalties:

• A fine of up to $1,000
• Six months in jail, or
• Misdemeanor probation

Penal Code 647(i)

Peeking into someone else's home or inhabited building while prowling, wandering, or loitering on private property is a crime under the law. The crime here is unlawful peeking, prowling, or loitering while peeking. In most cases, it is a misdemeanor punishable by:

• Six months in jail, or
• Misdemeanor probation
• Court fines of up to $1,000

It is important to note that the law forbids peering into an inhabited building where someone or people live. Even if no one was in the building at the time of the offense, you would still face charges.

Find an Experienced Criminal Defense Lawyer Near Me

If you or someone you care about is facing revenge porn charges in Chula Vista, it is time to hire a skilled criminal defense attorney. The legal process can be complex and challenging to navigate without legal assistance. Your attorney can assist you in understanding the legal implications of your charges and determining your options and next steps. We also assist you in developing a strong defense against your charges at Chula Vista Criminal Attorney. Our highly skilled and experienced attorneys always strive for the best possible outcome in every case. Call us at 619-877-6894 to learn more about your case and our services.