Revenge Porn Laws in California

California’s Revenge Porn Laws

Revenge porn is a form of nonconsensual pornography and it is a criminal offense in California. Here’s what you need to know about revenge porn laws in California.

California has specifically criminalized revenge porn. Any individual who distributes sexual images of another person with the hopes of creating fear and intimidation is guilty of revenge porn. A victim of revenge porn is able to sue their perpetrator in civil court or can report their incident to a law enforcement officer, who can then choose to bring criminal charges against the perpetrator.

What is Revenge Porn?

California Penal Code 647j4 criminalizes revenge porn, along with outlining what does and does not constitute revenge porn. The law defines revenge porn as:

An individual intentionally distributing images of another person’s intimate body parts without their consent and with the intention of causing emotional distress and suffering.
An individual intentionally distributing images of another person engaged in sexual acts without their consent and with the intention of causing emotional distress and suffering
- Sexual acts include but are not limited to sexual intercourse, sexual penetration, sodomy, oral copulation, and masturbation.
- The distribution of images involving masturbation are criminal whether they are images of the individual masturbating or depict them participating.
Intentionally distributing images constitutes
- An individual personally distributing the sexual images
- An individual intentionally causing another person to distribute the sexual images. This includes an individual requesting or arranging for another to distribute the sexual images in their stead.

The law also states that it is not a violation of Penal Code 647j4, therefore not revenge porn, if the images were distributed under the following circumstances:

The images were distributed in order to report unlawful activity.
An individual was forced to release and distribute the sexual images to the court, in order to abide by a subpoena or to be used in a legal proceeding.
An individual distributed the sexual images over the course of a lawful public proceeding.

While not explicitly stated under Penal Code 647j4, the court does consider the distribution of sexual videos revenge porn. If an individual spreads videos that contain a person performing sexual acts or seen in a sexual light and does so without the depicted’s consent, it is nonconsensual pornography. The court will consider this along with the intent of the individual who spread the video, and rule that it constitutes revenge pornography.

What is the Punishment for Revenge Porn?

The distribution of sexual or private images of an individual without their consent, and with the intent to harm, is considered a misdemeanor in California. Anyone who is convicted of engaging in revenge porn can expect to be subject to:

Up to six months in jail (California Penal Code 19) and/or
A fine of up to $1,000 (California Penal Code 19)

If the individual has one or more convictions of revenge porn, or if the victim of the revenge porn was a minor, penalties can increase. An individual convicted under these circumstances can expect to be subject to:

Up to one year in jail (California Penal Code 647I2) and/or
A fine of up to $2,000 (California Penal Code 647I2)

If an individual is guilty of revenge porn they can also be punished through the civil justice system. The punishments under a lawsuit differ depending on the circumstance. Also, the civil justice system is independent of the criminal justice system; thus, an individual can find themselves undergoing trial in both.

FAQS

If I sent sexually explicit images of another person without intent to harm, will I be convicted of engaging in revenge porn?

Revenge porn requires that the intent of harming the depicted be present. If you did not spread the images with malicious intentions, you will most likely not be charged with revenge porn. However, you can face charges for distributing pornography.

Does releasing a video of me and my significant other performing sexual acts constitute revenge porn?

Even if you are currently with the person, if you distribute sexual content with the desire to harm or intimidate them, you can be charged with revenge porn.

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