In California, the act of posting sexually explicit images or videos of another person online without their consent, causing them severe emotional distress, is a crime with significant legal consequences. The gravity of this crime cannot be overstated, and understanding its severity is crucial for all individuals.
PC 647(j)(4) was signed into law as the revenge porn bill under Senate Bill 255 (SB 255) in 2013. This sexually related offense typically occurs in a scenario where intimate images or videos were consensual when they were taken. Still, after an ugly relationship breakup, one partner seeks to humiliate their ex-partner by posting private images on the internet, which are generally sexually related.
Thus, "revenge porn" refers to a situation where a disgruntled ex-lover or someone that possesses private intimate pictures or videos of somebody decides to make them publicly available by posting them on social media.
With the technological advances, it's pretty easy and quick for intimate pictures to end up on Facebook and Twitter. Any perpetrator posting these images online could face criminal charges under this statute.
Penal Code 647(j)(4) revenge porn is related to PC 647(j) invasion of privacy and Penal Code 647(i) peeking while loitering, which are both misdemeanor offenses.
What Does the Law Say?
The crime of revenge porn is essentially non-consensual pornography using fear and intimidation by spreading online someone's sexually explicit images that were intended to be kept private. It's illegal and carries jail time.
As noted above, California Penal Code 647 (j)(4) PC is a law designed to protect victims of revenge porn. It makes the distribution of intimate, sexually explicit pictures illegal, providing a strong legal recourse and protection for those who have been wronged, ensuring their security and peace of mind.
PC 647(j)(4) says, "Anyone who intentionally distributes an image of the intimate body part or depicts them in sexual intercourse, oral copulation, sodomy, sexual penetration, or masturbation, under circumstances where they understood the image would remain private, and the perpetrator distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress."
Thus, under the law, anyone who intentionally distributes an image or video of someone's intimate body parts or engages in sexual acts violates this misdemeanor statute. What is considered an Intimate body part? It includes the genitals, anus, or any portion of female breasts.
A classic example of revenge porn is when a boyfriend takes naked pictures of their girlfriend with their consent. Still, after she ends the relationship, the boyfriend becomes angry and seeks revenge by posting the images on Facebook.
What Must Be Proven?
The primary factors to convict someone of PC 647 (j)(4) revenge porn case includes the following:
- There was an understanding between the parties that the images or videos would remain a private affair;
- The perpetrator knew that posting the material online would cause the victim severe emotional distress;
- The victim suffered distress due to the published images;
- The defendant should have known it would cause the victim distress.
It doesn't matter if the victim is an adult or if they initially permitted the perpetrator to have those images.
What Are the Penalties?
If you are convicted of the misdemeanor crime of revenge porn, then you are facing the following penalties:
- County jail time of up to six months,
- A fine of up to $1,000,
- Informal summary probation.
For any subsequent offense, the jail time will increase to one year in the county jail. If the victim was a minor under 18, the penalties are up to one year in jail and a fine of up to $2,000.
What Are the Defenses?
When accused of revenge porn under PC 647 (j)(4), our California criminal defense lawyers can use several possible strategies.
The legal process for a revenge porn case typically involves a series of steps, including arrest, arraignment, pre-trial motions, trial, and sentencing. Understanding this process can help you prepare for what's to come and navigate the legal system effectively.
Perhaps we can argue that there was a lack of visibility, which means the alleged victim wasn't identifiable through the material posted online. Perhaps we can argue that the images or videos were accidentally distributed, meaning they were sent to someone without any intention of causing harm to the alleged victim.
Perhaps another person was able to access the material and distribute it without your knowledge. Perhaps we can argue that there is a lack of emotional distress, which is a required element for conviction under PC 647(j)(4). Perhaps we can argue that the alleged victim gave consent to post the images or videos online.
While the crime of revenge porn is not a felony offense, it still can have harsh collateral consequences, especially for anyone who possesses a professional license. If you are found guilty of revenge porn, you could face suspension or revocation of your license, which could have a significant impact on your career and livelihood.
You need an effective defense strategy that can minimize the negative impacts of a revenge porn charge in California. With the right legal representation, negotiation with the prosecutor for reduced charges or even a case dismissal is a possibility, offering a ray of hope in a challenging situation and instilling a sense of optimism and hope for a favorable outcome.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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