You might feel angry and hurt after you fall out with your significant other or a relative. These emotions could make you take actions that could have long-term consequences. One destructive behavior is sharing intimate videos or photos of your former partner as revenge.

According to California law, revenge porn is considered a crime. The offense involves sharing someone else’s private content without their consent. Whether it consists of posting revenge porn on social media or distributing it to acquaintances, engaging in such activities can result in serious legal consequences, for example, imprisonment.

California PC 647(j)(4) specifically addresses the offense of revenge porn. Therefore, if you find yourself accused of this crime in Los Angeles, CA, you should seek immediate legal counsel. At the Restraining Order Law Firm, you can receive expert advice on the ideal course of legal action and defense strategies.

Understanding Revenge Porn Law in California

California law punishes domestic violence crimes, for example, revenge porn, harshly. If charged with a California PC 647(j)(4) violation, you want to understand the legal framework surrounding it. Revenge porn occurs when you intentionally distribute or display someone else’s intimate images and videos without their consent. Also, your intention should be to cause the victim emotional disturbance.

California PC 647(j)(4) violations occur in various scenarios, such as the following:

  • A disgruntled ex-partner who is seeking revenge.
  • A malicious acquaintance who is seeking to harm someone's reputation.
  • Through hacking or unauthorized access to personal devices.

On October 1, 2013, Governor Jerry Brown signed Senate Bill 255 into law, officially criminalizing revenge porn in California and providing legal recourse for victims. The governor’s signing of Senate Bill 255 was a significant step in addressing the rampant issue of revenge porn.

The bill’s primary purpose was to close the legal loopholes that previously made it difficult to prosecute those who engaged in revenge porn. With the enactment of this law, California protects victims from the devastating effects of revenge porn and holds perpetrators accountable for their actions.

Who Can Commit Revenge Porn

Any person who knowingly distributes or displays intimate content without the explicit consent of the person depicted is said to have committed revenge porn. Perpetrators could include ex-partners, former spouses, acquaintances, or even strangers who obtained the content through hacking or unauthorized means. Penal Code 647(j)(4) provides for a myriad of circumstances and relationships to protect all victims of revenge porn.

What the Prosecution Must Prove

When prosecuting revenge porn cases, the prosecutor must prove several key elements to establish your guilt. The following elements outline the specific criteria that the prosecution must meet for the court to convict you of revenge porn:

  1. You, the defendant, possessed an image or video depicting another identifiable person's intimate parts. Intimate parts, also known as private body parts, are those covered by clothing and are not usually exposed publicly.
  2. The victim, the depicted person, was engaged in sexual intercourse or a sexual act in the image or video. Under this element, the content must be sexually-explicit.
  3. You intentionally distributed or displayed the intimate image or video without the depicted person's consent. Simply put, you must have acted knowingly and purposefully.
  4. The intimate content in question was initially intended to remain private. That means that the victim had a reasonable expectation of privacy regarding the image or video and did not consent to its dissemination.
  5. You knew or reasonably should have known that the distribution of the intimate content would cause emotional distress to the victim.
  6. The distribution of the intimate content caused emotional distress to the victim. Emotional distress could comprise depression, humiliation, and anxiety.

These elements must be present to have you sentenced if you are accused of revenge porn. Note that the burden of proof lies with the prosecutor, who must provide sufficient evidence to convince the court beyond a reasonable doubt that you are guilty of the offense.

Legal Definitions You Should Know

Revenge porn cases involve specific legal definitions that help establish the nature of the offense and the elements required for prosecution. Understanding these definitions is essential to comprehending the scope and impact of revenge porn laws in California.

Intimate Body Part Of An Identifiable Individual

In the context of revenge porn, "intimate body part" refers to the private areas of a person's body that are typically covered by clothing and not exposed publicly. For example, the genitals, pubic area, buttocks, or female breasts.

For the victim to be considered an "identifiable individual," the intimate body part displayed in the visual must be recognizable or easily identifiable. The image or video is said to be recognizable when someone who knows the victim can recognize them when they see the content.

Sexual Act

The term "sexual act" pertains to any sexual conduct or activity visible in the image or video. Sexual acts comprise many sexually explicit actions, such as sexual intercourse, oral sex, masturbation, or any other conduct that involves intimate contact or stimulation.

Intentional Distribution

"Intentional distribution" is the deliberate act of sharing, disseminating, or displaying someone else’s intimate image or video without consent. The act of distribution can occur through various means, for example, online platforms, social media, messaging apps, or any other medium that allows content to be accessible to the public.

Harassment

Harassment, in the context of revenge porn, involves engaging in an act intended to annoy, alarm, or threaten someone else (the revenge porn victim). For example, repeatedly sending explicit content, making unwanted advances, or using intimate material to intimidate or control the victim.

Harassment is often intertwined with revenge porn cases, as the distribution of intimate content is frequently accompanied by ongoing psychological or emotional abuse to torment the victim further.

Electronic Communication Device

An electronic communication device can transmit, receive, or store electronic data or communication. For example, smartphones, computers, tablets, digital cameras, or any other device that allows for creating, storing, or sharing digital content.

Situations When You Are Not Guilty of Revenge Porn

While revenge porn is a serious offense that occurs in various ways, there are circumstances where you may not be guilty of a crime. These situations include:

Reporting Illegal Conduct

If you come across intimate content that has been shared without the victim's consent and you report it to the authorities in good faith, the court cannot find you guilty of revenge porn. Reporting to the authorities proves your intention to seek justice for the victim.

Complying with a Court Order or Subpoena

If the judge orders you to provide or disclose intimate content and you comply with the legal requirement, they cannot convict you of revenge porn. However, you should follow the proper legal channels and ensure your actions align with the court order or subpoena.

Acting During Public Legal Proceedings

If you engage in the distribution or display of intimate content as part of public legal proceedings, such as presenting evidence in a courtroom or during a trial, the judge cannot sentence you for revenge porn. Also, acting within the boundaries of legal proceedings can provide a valid defense against revenge porn allegations.

Assembly Bill 602

Assembly Bill 602, also known as AB 602, is a legislative measure that addresses the issue of revenge porn in California. It was enacted to strengthen the existing laws and further protect victims of this harmful practice. AB 602 expanded the definition of revenge porn to include the distribution of intimate images or videos without consent and the unauthorized distribution of sexually explicit material showing the victim.

The bill increased the penalties for revenge porn offenses. Violators can now face more severe consequences, including imprisonment and substantial fines. These stricter penalties aim to deter individuals from engaging in revenge porn and emphasize the seriousness of the offense.

AB 602 introduced civil remedies for victims of revenge porn. It allows victims to seek compensation for damages by distributing intimate content without consent. The bill allows victims to pursue legal recourse and obtain justice for the emotional distress and harm caused by revenge porn.

The bill emphasizes the importance of swift action to remove revenge porn content from online platforms. It requires online service providers and website operators to promptly remove intimate material upon receiving a proper request from the victim. The swift removal of intimate content helps to minimize the harm caused by revenge porn by reducing the dissemination and accessibility of the content.

AB 602 provides law enforcement agencies with enhanced tools to investigate and prosecute revenge porn cases. It strengthens the ability of authorities to gather evidence, identify offenders, and hold them accountable for their actions.

Possible Sentencing, Penalties, and Punishment for Revenge Porn in California

Revenge porn is considered a misdemeanor offense in California. Possible punishments upon conviction include:

  • A jail term of up to six months.
  • The maximum fine for revenge porn in California is $1,000.
  • Summary or informal probation. You ​​serve your sentence outside of jail but under specific conditions set by the court. For example, mandatory counseling or community service.

Sentencing Increase

Under certain circumstances, the judge may decide to impose higher penalties. Factors that could lead to an increase in sentencing are:

  • Having one or more prior convictions for a Penal Code 647(j)(4) violation.
  • The victim was a minor.

If convicted, possible punishments include:

  • A fine not exceeding $2000.
  • An increase to up to one year in County jail.

Legal Defenses to 647(j)(4) PC Violations

When facing accusations of violating PC 647(j)(4), your attorney could employ various legal defenses to challenge the charges. These include the following:

Someone Else Hacked the Victim’s Devices

In revenge porn cases, hacking is an ideal defense strategy. Hacking refers to unauthorized access to computer systems or digital devices to obtain or alter information. Someone else could gain unauthorized access to the victim’s computer, smartphone, or online accounts to obtain intimate content without consent. In this case, you may argue that they were not responsible for acquiring the explicit material and that it was obtained through hacking or unauthorized means.

Proving hacking can be complex, often requiring technical expertise and forensic analysis. Your defense attorney may work with experts in digital forensics to investigate the alleged hacking incident and gather evidence to support their claims. They could show that you did not have the technical capability or knowledge to carry out the hacking and that someone else may have been responsible.

The Individual In The Photographs Isn't Identifiable

Establishing the lack of identifiability can weaken the prosecution's case and create reasonable doubt. Identifiability means recognizing or determining a person's identity based on the content. Your lawyer could challenge the prosecution's claim of identifiability by presenting evidence or arguments that make it difficult or impossible to determine the identity of the individual in question.

Factors that could support this defense include:

  • Poor image quality, blurriness, or other technical factors may affect the clarity of the content, making it harder to identify the individual.
  • Lack of Facial Features: If the explicit content does not clearly show the plaintiff's face or other distinctive features, it becomes more challenging to establish their identity.
  • Your defense lawyer could argue that the explicit content lacks sufficient context or accompanying information to determine the person's identity. Linking the content to a specific individual becomes more difficult without additional context.
  • Your defense attorney can also argue that identifiability is subjective and open to interpretation. Different people may have different opinions regarding the identity of the person depicted, which can introduce reasonable doubt.

You could present expert testimony or evidence to show the lack of identifiability. You could present experts such as forensic analysts, image specialists, or facial recognition experts to analyze the content and provide their professional opinion regarding the identifiability of the individual.

No Intentional Distribution

One crucial element of revenge porn is intentionally distributing someone else’s intimate images or videos. The judge could lower or dismiss your case if the circulation was unintentional or accidental. In your defense, you could present evidence to the judge proving that you had no control over the intimate content's distribution. For example, the explicit material was inadvertently shared due to technological glitches, hacking, or other unforeseen circumstances. Also, you could argue that someone else gained access to your gadget or cloud storage account and distributed material without your knowledge.

No Intent to Cause Emotional Distress

Under California PC Section 647(j)(4), the prosecution must prove that you intended to cause emotional distress to the victim depicted in the explicit content. In your defense, your attorney could argue that you did not know the emotional impact that the distribution of explicit content would have on the victim. You could tell the judge that the distribution was done without awareness of the potential harm it may cause, indicating a lack of intent to cause emotional distress.

The court could dismiss your charges if the intimate content occurred due to coercion, misunderstanding, or other non-malicious purposes. However, you must demonstrate the absence of malicious intent beyond a reasonable doubt.

You had Consent

For you to face conviction under PC 647(j)(4), the prosecution must demonstrate that you distributed the explicit content without the victim's consent. Your defense lawyer could argue that the plaintiff previously consented to the distribution of explicit content. You can present evidence such as text messages, emails, or other forms of communication indicating the explicit content was shared with the understanding and consent of the alleged victim.

Related Offenses to Revenge Porn

In addition to revenge porn offenses, other related crimes in California pertain to the unlawful dissemination of intimate or explicit content. The prosecution could charge you with these crimes in place of or alongside revenge porn.

Unlawful Distribution of Intimate Images, Penal Code 647(j)(5)

California PC 647(j)(5) punishes the unauthorized distribution of intimate images, also known as "non-consensual pornography." The offense involves distributing explicit photos or videos without consent and intending to cause emotional distress. It is a misdemeanor offense, punishable by imprisonment and fines.

Extortion, Penal Codes 518-527

Extortion means obtaining something, such as money or property, from another person through coercion or threats. In the context of revenge porn, extortion may occur when an individual threatens to distribute explicit content unless the victim complies with their demands. Extortion is a felony offense in California and carries severe penalties, including imprisonment.

Identity Theft, Penal Code 530.5

Identity theft involves the unauthorized use of another person's personal identifying information for fraud. Identity theft may occur when someone impersonates the victim and disseminates explicit content using their identity. Identity theft is a serious offense in California, resulting in imprisonment and significant fines.

Harassment, Penal Code 646.9

Harassment is a pattern of conduct intended to annoy, threaten, intimidate, or alarm another person. A California PC 646.9 violation could occur when you repeatedly send explicit content to the victim or engage in harassing behaviors. Harassment can be charged as a misdemeanor or a felony, depending on the severity of the offense and your prior criminal history.

Find a Restraining Order Law Firm Near Me

With the rapid advancement of the internet, revenge porn has become an increasingly pervasive issue in Los Angeles, California. A PC 647(j)(4) offense carries significant gravity, as being accused can lead to hefty fines, imprisonment, and other life-altering consequences.

However, you do not have to face this challenging moment alone. Take the first step to safeguarding your legal rights by partnering with skilled defense attorneys. At the Restraining Order Law Firm, you can comprehensively understand the laws about your specific allegations and build solid defense strategies. Schedule your initial free consultation today by calling 424-600-7691. Our lawyers will thoroughly review your case and elucidate the available legal options.