Los Angeles Revenge Porn Defense Lawyer

Revenge porn is a relatively new crime The first state law covering the issue is less than 20 years old. In 2013, California passed its version of the offense, PC 647(j)(4). Almost all the states now have similar statutes on their books.

It is important to understand the specific acts that are prohibited under the statute, particularly since the term “revenge porn” does not necessarily or accurately describe conduct which may be illegal.

What is “Revenge Porn”?

The statute says that it is a misdemeanor (disorderly conduct) to “distribute” intimate images (nudity or acts such as sexual intercourse, oral copulation, etc.), which the parties understood were intended to remain private, where the distributor of the image(s) is or should be aware that distribution would cause “serious emotional distress,” and which in fact causes such distress to the person depicted.

The first thing you might notice about the offense of “revenge porn” is that it does not require that offense be based upon, or intended as, revenge. Indeed, the language of the statute requires only that the image(s) fits the definition in the law, and that emotional distress was or should have been a known effect of the act. So-called revenge porn is, as a result, often referred to as “nonconsensual porn.” There is no requirement that it be distributed based upon revenge or any other specific conduct of the alleged victim which may allegedly have prompted the act of distributing the images.

Nor does the law require that the image(s) be “pornographic.” Rather, the statute sets forth specific conduct and images that may support a criminal charge. All of which means that to address an offense alleged under the statute, you must look at the specifics of the law as written, as opposed to any independent thoughts about what “revenge porn” may mean to you.

Defenses to Revenge Porn Charges

While the law appears fairly simple on its face, the fact is that there are numerous elements that must be proven – each beyond a reasonable doubt – for you to be convicted under PC 647(j)(4). The following examples may apply in your case:

• Illegal search and seizure. Most revenge porn cases involve distribution of images over the internet. In order for the police to charge you with the offense, they usually must trace the images back to you. If, during the course of their activity, they illegally access your computer and/or your computer files, you may claim that your fourth amendment rights have been violated, the search was illegal, and any information gained as a result of the search is inadmissible at trial.
• Distribution. The statute requires not only that the image(s) be “distributed,” but that the distribution was intentional. Anyone who has any experience with computers understands how easy it is to send an email or other message to the wrong person, or to attach the wrong file to a message being sent. If the distribution was accidental, an essential element of the offense is missing, and the prosecution under the statute will fail.
• Emotional Distress. Note that the law demands not only that the defendant knows (or should know) that the distribution of the image(s) will cause the alleged victim “serious emotional distress,” but also that it does in fact cause such distress. You can readily see how a picture could be sent out as a joke, with no intent to cause any harm. Moreover, the alleged victim must suffer serious emotional distress. While the statute does not specifically define that term, it generally refers to shock, anxiety, or shame, that a reasonable person would be unable to cope with. Absent the knowledge that emotional distress will result, or the actual suffering of that distress, the prosecution will be unsuccessful.
• Exceptions to the Law. The statute specifically exempts distribution of images, in specific situations, including reporting unlawful activity; compliance with a subpoena; distribution during a lawful public proceeding; or the matter is of public concern (but not merely because the person depicted is a public figure).

These are just some of the defenses that may be applicable in your case.

Los Angeles Revenge Porn Attorney

If you have been accused of “revenge porn,” it could lead to disastrous consequences, both legally and to your reputation. At CBS Law, we have extensive experience defending clients charged with a large variety of sex crimes. We will investigate your case, raise all appropriate defenses, and challenge the allegations wherever possible. Contact Chris Bou Saeed for a free consultation at (213)800-8005