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Revenge Porn in Los Angeles: Know the Law and Protect Your Rights
When it comes to sharing explicit images or videos of a person without their consent, it was not considered a crime in Los Angeles for the longest time. However, the California laws have now been amended to address the issue of revenge porn, which has rapidly become an alarming trend online. Although the state’s revised laws are somewhat vaguely formulated, it is still key to comprehend how California defines and penalizes revenge porn.
Understanding the Definition of Revenge Porn in California
Revenge porn in Los Angeles falls within the ambit of laws against cyber-exploitation and invasion of privacy. According to Senate Bill 255, a person commits an offense of revenge porn by recording an identifiable person’s explicit image and distributing it without their consent to cause emotional distress. Even if both the parties were willing to take the picture, it shall still be considered a case of revenge porn if they initially agreed to keep the image confidential. In instances where multiple people are in the photograph or video, it still counts as revenge porn if one of the persons did not consent to its publication. Furthermore, the legal meaning of revenge porn also necessitates that the images are shared with the purpose of causing emotional distress and subsequently does cause it. Explicit images under this definition refer to anything that reveals genitalia or breasts below the areola, even if the intimate parts are visible through sheer fabric.
What Penalties Will You Face if You’re Convicted of Revenge Porn in California?
The laws of California classify revenge porn as a type of disorderly conduct. As a result, a misdemeanor charge is brought against you if you are found guilty of revenge porn in Los Angeles. The punishment may include imprisonment for up to six months and a possible fine of up to $1000. Jail sentences are harsher if you are a repeat offender or if the victim in the case was a minor at the time they were photographed. Maximum imprisonment of up to one year and worse-case fines of up to $2,000 are the potential consequences in such circumstances.
What Should You Do If Charged With This Crime?
It’s essential to keep in mind that revenge porn is quite challenging to prove if you’re facing a charge. Successful conviction necessitates proof that you knew the publication of the image would result in harm and that the victim experienced some sort of distress from the image. It is also mandatory to satisfy the elements of the charge by proving that the explicit image was what was shared, and all consenting parties agreed to its publication under the condition that it remains private. Since the legal definition of revenge porn is relatively obscure and requires many qualifying conditions, our law firm may be able to assist you in getting your charges dropped by demonstrating that your situation does not meet the legal requirements for a conviction.
What Should You Do If You Are a Victim of Revenge Porn?
Like any other offense, both parties involved will require a lawyer. If an unidentified person has posted intimate images of you with the intention of harassing you, a lawyer may be able to help you achieve justice. It will be reassuring to have an attorney who is well-versed in non-consensual pornography laws to advise you on making a case against the person responsible and removing the harmful images from the online platform.
Looking for Legal Assistance in Los Angeles?
If you or a loved one is dealing with a case concerning revenge porn in Los Angeles, our law firm has the knowledge and expertise to help you address the issue under California laws. Our experience with sex and internet crimes allows us to help you attain the possible outcome in your case. Contact us today to learn more about the ways we can provide you with legal representation and counsel in Los Angeles.
| Type of conviction | Possible Imprisonment | Fines |
|---|---|---|
| Misdemeanor Charge – Primary Offense | Up to six months | Up to $1000 |
| Misdemeanor Charge – Repeated Offense or minor victim | Maximum one year | Maximum $2000 |
| Element Required to Prove Revenge Porn in Los Angeles | Revenge Porn Definition |
|---|---|
| Elements required to Prove Revenge Porn | Explicit image of an identifiable person recorded and distributed without consent to cause emotional distress; intent to distress; distress caused; agreement to keep images private from one of the involved parties; nudity of genitalia and breasts below areola in images; sheer fabric exposing body parts in images |
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