Revenge porn, also termed non-consensual pornography, involves sharing explicit images without the depicted individuals' consent. This act constitutes online harassment and a breach of privacy, resulting in severe emotional, psychological, and legal repercussions for the victims.

In California, revenge porn falls under Penal Code Section 647(j)(4)(A). The statute criminalizes the deliberate distribution of intimate images without consent. This statute addresses situations where the distribution causes significant emotional distress to the depicted person. The aim is to shield individuals from the adverse effects of the unauthorized spread of their private images.

Therefore, facing charges for revenge porn is significant. Prosecutors aggressively pursue convictions for revenge porn allegations. You thus need an equally aggressive defense attorney to challenge the charges. Should you face the charges in Bakersfield, rely on the California Criminal Lawyer Group.

Revenge Porn in California

According to California's Penal Code Section 647(j)(4)(A), someone intentionally sharing intimate images of another person could face legal consequences. This includes pictures of intimate body parts or the person involved in sexual activities like intercourse, sodomy, oral copulation, sexual penetration, or masturbation.

A jury will likely find you guilty of revenge porn if the prosecution proves the following to be true:

  • You intentionally shared or caused the sharing of intimate images of someone else — This includes pictures of private body parts or the person involved in sexual activities like intercourse, sexual penetration, sodomy, oral copulation, or masturbation.
  • The sharing happened without the consent of the people involved — The situation needs to make it clear that you and the others either agreed or knew that the images were supposed to be kept private.
  • You knew or should have reasonably known that sharing these images would seriously upset the person depicted.
  • The person in the pictures went through significant emotional distress because you shared those intimate images.

Let us look at the elements in greater detail.

  1. Intimate Images of Another

Intimate body parts are the private areas of the human body associated with sexuality or privacy. These include genitalia, buttocks, and breasts, specifically below the top of the areola. The definition varies based on cultural, legal, or individual perspectives.

Additionally, the victim depicted must be identifiable. This means someone viewing the material must be able to recognize the person in the intimate images or videos. If the alleged victim remains anonymous or unidentifiable, it could make it less likely for someone to be found guilty under these circumstances.

  1. Intentional Distribution

Intentionally sharing explicit or intimate images or videos of an individual without his/her consent is a purposeful and conscious act. Doing so constitutes a serious breach of the victim’s privacy. It is often driven by motives such as:

  • A desire to cause harm, embarrassment, or
  • Exercise control over the person depicted.

When you intentionally distribute this content, you knowingly disregard the privacy and well-being of the individual, intensifying the breach of trust.

Prosecutors must prove you are likely to be aware or should reasonably be aware that the images or videos were meant to remain private. Intentional distribution goes against the explicit wishes of the person depicted. It adds a layer of distress to an already vulnerable situation.

Further, the selection of the distribution channel is a critical aspect of your intentional actions in revenge porn cases. Whether using social media platforms, messaging apps, or other means, your choice of distribution channel is a calculated decision to maximize the potential harm inflicted on the victim. Your deliberate selection of channels demonstrates a conscious effort to reach a specific audience or amplify the impact on the person whose privacy you are violating.

When Are You Not Guilty of Revenge Porn?

There are situations specified in PC 647(j)(4)(A) where you would not be deemed guilty of revenge porn. These exceptions are as follows:

  • Reporting unlawful activity — If you distribute explicit images in the process of reporting criminal activity, it is not considered a violation of the statute. The law recognizes instances where sharing this content is necessary for you to report or address illegal activities.
  • Lawful public proceeding — If the distribution occurs within the context of a legal public proceeding, it is not considered a violation of the revenge porn statute. This exception recognizes situations where explicit content could be presented or used within legal and lawful public proceedings.
  • Complying with a subpoena or court order — You are not guilty under PC 647(j)(4)(A) if you comply with a subpoena or other court order that necessitates the use of explicit images in a legal proceeding. This exception acknowledges your legal obligations to provide information within the bounds of lawful legal proceedings.

Digitally Altered Media or Deep Fakes

The surge in deep fake videos has become a significant worry. These fabricated videos, produced through sophisticated technology like artificial intelligence, employ algorithms to switch faces and voices. They create a deceptive impression of individuals engaging in actions or making statements they never did. The heightened realism of deep fake videos raises ethical concerns. This includes:

  • Issues of deception.
  • The dissemination of misinformation and
  • The unauthorized use of someone's likeness.

Victims of these manipulative videos have legal grounds to take action against these distortions.

In line with these concerns, Assembly Bill 603 defines "altered depiction" as a performance initially executed by the depicted individual but subsequently modified in violation of the proposed section.

Additionally, the law defines "digitization" as the realistic depiction of various elements encompassing the interchange of nude body parts. This includes scenarios involving computer-generated nude body parts or instances where the depicted individual is portrayed engaging in sexual conduct they did not participate in.

Many victims of deep fakes, notably celebrities, have found themselves targeted, with their images and voices manipulated and inserted into pornographic content. The sophisticated technology powering deep fakes enables the creation of explicit material that deceptively features well-known personalities engaging in explicit activities.

Fighting Revenge Porn Charges

Despite the seriousness of the offense, individuals accused of revenge porn have the right to contest these allegations in court. Trials offer avenues for individuals to mount a defense and challenge charges brought against them. When confronted with revenge porn accusations, you should enlist legal representation to determine a defense strategy based on the facts of your case.

Several common defense strategies used in revenge porn cases include the following:

  1. You Had the Victim’s Consent

In your legal defense, asserting the alleged victim's consent becomes pivotal. This claim underscores your genuine belief during the incident, arguing explicit permission from the alleged victim for the actions. By making this assertion, your defense aims to portray a context where any resulting consequences, like potential emotional distress, were not intentional but perceived as permissible within the framework of the alleged consent.

Your defense strategy hinges on establishing key elements:

  • Belief in consent — Your central claim is that, during the incident, you genuinely believed in having explicit consent from the alleged victim. This underscores the subjective nature of your understanding at that specific moment.
  • Perceived permission — Your defense suggests that your actions were grounded in a perceived authority granted by the alleged victim, countering any insinuation of intentional harm or malice.
  • Genuine intent — Your defense should highlight that your intentions were authentic and aligned with what you believed was a mutual agreement.
  • Contextual understanding — The defense operates within your knowledge of consent. Your attorney will aim to illustrate that any consequences, like emotional distress, were unforeseen due to the belief in permission.
  • Subjective element — The defense emphasizes that legal scrutiny should consider your state of mind and understanding during the incident. It stresses the subjective nature of your belief in consent.

Establishing consent involves presenting evidence demonstrating an explicit, voluntary, and informed agreement between the parties. This includes:

  • Documents or written communication explicitly stating the agreement.
  • Recorded verbal exchanges or witness testimony confirming unambiguous verbal consent.
  • Contextual cues like body language and tone.
  • Explicit communication between the parties about the specific actions in question.
  • Witness testimony, providing a clear view of the circumstances and dynamics between the parties and
  • Evidence of prior consensual interactions or established understanding — Though prior consensual agreements do not establish consent for the current issue, they provide context that shows your engagements with the alleged victim.

  1. You Did Not Intentionally Distribute the Pornographic Material

In addressing revenge porn accusations, you have the option to assert the lack of intent to distribute as a legal defense. This defense strategy involves stating that you did not deliberately intend to share explicit material without consent.

When employing the lack of intent to distribute defense, you acknowledge sharing the explicit material while arguing that it occurred unintentionally. The primary objective of this defense approach is to highlight the absence of malicious intent. In doing so, you challenge the prosecution's case by emphasizing that the distribution was not a purposeful and malicious act.

Essential evidence under this defense includes considerations of timing and context. Establishing the timing and context of the distribution becomes crucial to demonstrating that it was not a deliberate act. You will argue that it resulted from a misunderstanding, a technological mishap, or other factors.

Moreover, technological evidence plays a significant role, especially in cases where technology facilitated distribution. Evidence showing technical glitches, accidental uploads, or other technological issues becomes relevant in supporting your argument that the distribution was unintentional. This evidence works to strengthen your overall defense strategy.

  1. You Had No intention to Cause Emotional Distress

You can argue that your actions did not intend to cause emotional distress as part of your legal defense. This approach emphasizes that any emotional harm inflicted was unintended and not malicious. Your culpability is tied to whether you were aware, or should have been aware, that distributing explicit material would cause grave emotional distress to the person involved in sexual activity or nudity.

This legal standard emphasizes the importance of your knowledge or reasonable expectation of potential harm caused by the distribution in determining your guilt.

  1. The Alleged Victim is Not Immediately Identifiable

It is a significant factor if the person in the image or video is not easily identifiable. When someone remains anonymous or cannot be readily identified, it raises questions about the relevance of the revenge porn charges. The immediate identification issue could significantly influence whether the content falls under revenge porn or related offenses.

This lack of immediate identification also plays a crucial role in the legal assessment of revenge porn cases. It prompts a thorough examination of whether the content aligns with specific legal criteria and whether the intent behind its dissemination qualifies as an offense.

To back up a defense based on the difficulty of identifying the alleged victim, several pieces of evidence come into play:

  • Obscured features — Show evidence proving the intentional obscuring or distortion of the alleged victim's features, making identification challenging.
  • Pixelation or blurring — Provide technical evidence illustrating pixelation or blurring techniques deliberately used to hide the alleged victim's identity.
  • Comparison with original content — If possible, compare the disputed content with the original, demonstrating alterations or distortions made to hinder identification.
  • Expert testimony — Get experts in image analysis or forensics to testify about intentional measures taken to obscure the alleged victim's identity.
  • Witness testimony — Collect statements from witnesses confirming the difficulty in identifying the alleged victim. Ensure you present individuals familiar with the context or experts in the field.
  • Metadata analysis — Analyze the metadata associated with the image or video to identify tools or processes intentionally used to alter the content.
  • Contextual information — Provide context explaining the reasons behind concealing the identity, like privacy concerns, artistic expression, or other legitimate considerations.
  • Original content ownership — Establish ownership of the original content to demonstrate the right to control its distribution. This reinforces the legitimacy of your involvement with the material.

  1. Lack of Emotional Distress

You can assert that the victim did not suffer any emotional distress as a defense strategy. There are several approaches defense attorneys could use while using this defense strategy, namely:

Emphasize the Lack of Evidence

One defense strategy revolves around emphasizing the lack of evidence supporting the claim of emotional distress. You could argue that insufficient proof or testimony substantiates the alleged victim's assertion. Doing so thereby challenges the prosecution's ability to meet its burden of proof.

Lack of Impact

Another approach involves illustrating a lack of impact by presenting evidence. The evidence sought should question the assertion that the distribution of explicit material had a notable negative effect on the alleged victim's emotional well-being. This strategy could entail showing the alleged victim's overall emotional well-being through:

  • Medical records.
  • Mental health assessments, or
  • Statements from mental health professionals.

Alternative Explanations for Emotional Distress

Furthermore, the defense provides alternative explanations for any distress the alleged victim could have experienced unrelated to the distribution of explicit material. These explanations could include various factors, such as:

  • Relationship disagreements.
  • Personal challenges, or
  • Preexisting issues that could reasonably account for the emotional distress.

Challenging the alleged victim's credibility is a crucial component of this strategy. This involves scrutinizing the reliability and truthfulness of the person's statements or testimony regarding emotional distress. By identifying inconsistencies, contradictions, or potential motivations to fabricate, defense attorneys aim to cast doubt on the accuracy of the alleged victim's claims.

Consequences of a Revenge Porn Conviction

Revenge porn is a misdemeanor offense. A conviction is punishable by the following penalties:

  • A jail sentence of up to six months.
  • A fine of up to $1,000 or both.
  • Summary or misdemeanor probation instead of jail time.

You will likely face fines of up to $2,000 if:

  • The victim is a minor (a child below 18 years old), or
  • You have a prior conviction for revenge porn.

You could also be subject to civil proceedings. Victims of revenge porn can pursue damages through a civil lawsuit. This legal proceeding, including its consequences, differs from a criminal proceeding.

In a civil lawsuit, the affected individual, the plaintiff, actively files a complaint against the alleged perpetrator. This approach is different since, in criminal cases, law enforcement officers bring the charges. The primary aim of this legal recourse is to secure financial compensation or damages for the harm endured, covering various aspects like economic losses and emotional distress resulting from the non-consensual distribution of explicit material.

Unlike criminal proceedings, the burden of proof in a civil case is generally lower. Therefore, the plaintiff must demonstrate, by a preponderance of the evidence, that your actions indeed caused tangible harm. A successful civil lawsuit could result in a monetary award as determined by the court. The sum is intended to compensate the victim for the damages incurred due to the unauthorized dissemination of intimate content.

Related Offenses

  1. Peeking While Loitering

If you are caught prowling, loitering, or wandering on someone else's private property in California without a visible or lawful reason and you are found peeking into the door or window of an inhabited building or structure, you could be charged with violating Penal Code 647(i). This law is in place to address instances where individuals trespass on private property, engage in suspicious activities without a valid purpose, and peek into inhabited structures without a legitimate reason.

The actions the prosecution will focus on to prove your guilt are:

  • Prowling — Moving stealthily or sneakily, often with the intent to commit a crime or engage in suspicious activities. It involves behaving in a furtive or concealed manner.
  • Loitering — Remaining in a public place for an extended period without an apparent purpose or lawful reason. Laws addressing loitering aim to regulate situations where individuals linger without engaging in specific activities.
  • Wandering — Moving about without a clear destination or purpose. This indicates aimless or random movement. If you are found wandering, prosecutors will assert that you were in a particular area without a valid reason.

Penalties for Peeking While Loitering

Peeking while loitering is a form of disorderly conduct. It is a misdemeanor offense punishable by the following penalties:

  • Up to six months in jail.
  • A maximum fine of $1,000 or both.
  • Summary probation instead of jail time.

Expunging Your Record

Expungement offers a potential solution for individuals with specific criminal convictions. It allows for the sealing or erasing of records by meeting specific criteria. So, filing for expungement of your revenge porn records becomes an option.

A criminal record has far-reaching consequences. The impact extends beyond legal ramifications, posing challenges in various aspects of life, including your:

  • Social life — Dealing with a criminal record often involves facing social stigma and judgment. Building trust or maintaining a positive reputation within your community makes it difficult.
  • Employment opportunities — The impact on job prospects is significant, with many employers conducting background checks. A criminal history can lead to rejection in job applications, especially in industries with strict regulations regarding convictions.
  • Credit and financial opportunities — Securing credit or loans becomes an uphill battle with a criminal record. Financial institutions could perceive individuals with a criminal history as having higher risks. This then impacts the ability to obtain credit cards, loans, or favorable interest rates.
  • Educational opportunities — Some educational institutions consider criminal records during admissions. Specific professional certifications or licenses could be off-limits for those with specific convictions.
  • Community and social standing — A criminal record can alter your standing within the community. This will result in isolation or exclusion from social activities.

Completing your probation or jail sentence without committing another offense is essential to qualify for expungement. Meeting these criteria is pivotal for building a strong case when seeking to expunge your revenge porn records.

Find a Criminal Defense Attorney Near Me

Criminal defense attorneys are invaluable in fighting criminal charges like revenge porn. With the help of an attorney, you increase the likelihood of securing a favorable legal outcome. The Bakersfield team at California Criminal Lawyer Group has vast experience in addressing revenge porn charges. In our experience, most of these charges result from domestic disputes, and prosecutors are known to pursue convictions aggressively. You thus need an equally aggressive attorney.

Contact us today at 661-750-8230 for further assistance.