Modern romantic relationships often involve sending flirty and sometimes sexually charged messages—whether by texting or through social media platforms—back and forth to each other. In addition, dating partners may even share nude photos and videos with one another.
But when a couple breaks up, it is not uncommon for a jealous party to share intimate photos of his ex to loved ones, coworkers, and employers, or even to the public out of spite. However, such conduct is considered a sex crime is known as “revenge porn.”
In California, a person commits revenge porn by distributing an image of the intimate body part or parts (i.e., any part of the genitals, anus, or the female breast) of another identifiable person, or an image of the individual depicted engaged in a sex act (e.g., sexual intercourse, oral copulation, sexual penetration, etc.), and the image in question was supposed to remain private between the parties.
The following are the elements the prosecution must prove to obtain a conviction for revenge porn:
The defendant had an intimate image in his/her possession
The defendant intentionally distributed the image
The defendant and the person in the image had agreed that the content would remain private
The defendant knew or should have known that distributing the image would cause the other person emotional distress
The other person suffered emotional distress
Revenge porn in California is a misdemeanor offense, punishable by a maximum jail sentence of six months and/or a fine of up to $1,000. However, if the defendant has at least one prior conviction for revenge porn or the alleged victim was a minor, then the penalties increase to up to one year in jail and/or a maximum fine of $2,000.
Additionally, defendants may also be subject to a civil court lawsuit.
The following are other offenses similar to revenge porn in California:
Harassment by means of an electronic device – This offense means illegally distributing, posting, or otherwise disclosing any personal information, including a digital image, of someone else without the person’s consent or sending a harassing message. Harassment by means of an electronic device is a misdemeanor, which carries a jail term of up to one year and/or a maximum fine of $1,000.
Unauthorized use of an electronic device – This offense means knowingly accessing a computer system or network, or obtaining or copying any data, including images, from the system or network, Unauthorized use of an electronic device is a felony, punishable by imprisonment of 16 months, or two to three years, and/or a maximum fine of $10,000.
If you have been accused of committing a sex crime in Santa Barbara, call Appel & Morse at (805) 467-6060 or fill out our online contact form today to schedule a free consultation. Get two former prosecutors on your side!