When two people get involved in a romantic relationship, intimacies can occur in a variety of ways. One of the most common ways to keep the romance alive—in the modern era—is by trading sexually-explicit photos through text messages, e-mails, or even through social media platforms like Snapchat or Instagram.
However, when the relationship ends in a bitter or painful manner, it is not uncommon for one party to share intimate photos of an ex-lover for the world to see, causing potentially irreparable damage to their professional career or personal life. In some circumstances, hackers gain access to others’ devices or accounts and they stumble upon private images.
California is one of 38 states in the country which outlaw nonconsensual pornography, commonly known as “revenge porn.” A person commits a crime by distributing photos or videos of someone else’s private body parts or engaging in a sexual act in order to intentionally cause fear and emotional distress.
The following are the most common crimes related to revenge porn in California:
- Unlawful distribution of a private image – The prosecution must prove that the defendant deliberately distributed a private image, understood the image was confidential, understood sharing the image will result in emotional harm, and the plaintiff suffered emotional harm as a result. This crime is considered a misdemeanor, which carries a jail sentence not exceeding six months and/or maximum $1,000 fine. However, if the plaintiff was a minor when the images were released, a conviction is punishable by a maximum 364-day jail sentence and/or a fine no more than $2,000.
- Harassment by using an electronic communication device (e.g. cell phone or computer) – It is against the law to distribute another individual’s personal identifying information without their consent and intentionally doing so would lead to harassment by a third party. This is also a misdemeanor, but punishable by a jail term of up to 364 days and/or a maximum $1,000 fine.
- Using another person’s electronic device without permission – It is a felony to knowingly gain access to someone else’s phone or computer without their consent. A conviction results in a prison sentence of up to three years and a maximum $10,000 fine.
If you have been accused of committing revenge porn in Santa Barbara, our experienced legal team at Appel & Morse can protect your rights, reputation, and future while guiding you through the legal process. For more information, contact us and request a free criminal consultation today.