Everything You Need to Know About California Revenge Porn Laws
The distribution of pornography is a sensitive subject as it may not only violate an individual’s privacy but also their emotional and mental state. Revenge porn is meant to harm both the person’s reputation and also emotional state. Here is everything you need to know about California’s updated laws in 2022 on revenge porn.
Revenge porn is images or videos posted online that depict sexually explicit content of an individual without their consent and with the intention of causing them emotional distress. The relationship of the offender to the victim has no significance when dealing with the legal aspects of the situation. Therefore, it does not matter if the person who leaked the content was romantically involved with the victim prior to the offense.
Revenge Porn in California
Revenge porn is outlawed in the state of California. It is a crime to upload or distribute sexually explicit content of another individual with the intention of causing fear, embarrassment, or injury to the victim.
Cyber Harassment
Revenge porn may also fall under “cyber harassment” as defined by California Penal Code §653.2. Cyber harassment is considered to be the act of causing any reasonable individual to feel fear in their safety by using an electronic communication device. These types of communication can be emails, text messages, threatening images or videos, etc. Because many offenders intend to cause fear and distress to their victims when posting and distributing revenge porn, they may also be charged for cyber harassment.
Related: How to File a Revenge Porn Lawsuit in California
Charges and Penalties of Revenge Porn
The penalties for revenge porn in California are as follows:
Harassment by Electronic Device
Using an electronic device as means of harassment to instill fear of one’s safety in another is considered a misdemeanor in California. Convicted individuals can face up to a year in jail and a fine up to $1,000. California Penal Code §653.2.
Unlawful Distribution of Private Images or Videos
Defendants against charges of revenge porn may be convicted of a misdemeanor. Convicted individuals who are charged for the first time may face up to six months in jail along with a fine of up to $1,000. Any second or subsequent offenses can lead to a conviction of up to one year in jail and a fine of up to $2,000. California Penal Code §647(k)(1).
Unauthorized Use of Electronic Device
A person convicted of unauthorized use of an electronic device as the means to distribute explicit images or videos of another can face a felony charge. They may be convicted and face up to three years in prison along with a fine of up to $10,000. California Penal Code §502.
Common Defenses Against Revenge Porn
When someone is accused of revenge porn, there are three possible defenses that may be used to try to reduce their sentence or avoid conviction.
1. Consent
The defendant may claim that the subject of the explicit image or video consented to the distribution of the media. However, consent must be expressly clear in this situation. If the victim consented to being photographed or filmed, they do not also consent to the distribution of the material unless explicitly stated.
2. Right to Use the Device
If an individual is charged with unauthorized usage of an electronic device as the means to distribute the material, they may make a claim that they had the lawful right to use the device. However, any actions done using the device, such as distributing pictures or videos, must be done with the consent of the individual.
Related: Revenge Porn Laws in California
3. No Reasonable Expectation of Privacy
The defendant may make the argument that the victim did not have a reasonable expectation of privacy therefore, making the distribution of the materials legal. However, regardless of whether the victim had any reasonable expectations of privacy, the defendant may still be charged with harassment via electronic device.
2022 Updates to Laws Prohibiting Revenge Porn
In February of 2022, Senator Susan Rubio introduced a bill that further strengthens and protects victims of revenge porn in California. In the previous legislature, the law limited the definition of “distribution” of revenge porn. This meant that offenders who had publicly displayed personal images of another person were protected from the law because “display” does not fall under the umbrella definition of “distribution”. The new and improved bill would provide protection and justice for individuals whose images are displayed to the public.
Can I Sue Someone for Revenge Porn?
Yes, you can sue someone for unlawfully distributing your private images or videos nonconsensually. An experienced attorney in California will be able to assist you with the charges pressed against the offender and guide you through the process of seeking justice against the offender.
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If you or a loved one would like to learn more about California Revenge Porn Laws, get your free consultation with one of our Women’s Rights Attorneys in California today!