Revenge Porn

Revenge porn is a crime involving the intentional distribution of intimate body part images of another person. There is no requirement that the act is committed in order to get revenge. However, the law makes clear that the victim and the accused understood this image would remain private and that the accused intended to cause emotional harm by distributing the image. If you are facing accusations or charges for distributing revenge porn or another sex crime, Riverside revenge porn attorney Gregory H. Comings is prepared to fight on your behalf. The Law Office of Gregory H.Comings is here to provide efficient and effective legal services during this challenging time.

It is a criminal offense to distribute pornographic images of another person with the intent of causing them harm. The elements of this offense, often called “revenge porn,” are codified in California Penal Code Section 647 (j)(4): intentionally distributing images of another engaging in sexual behavior or their intimate body parts; understanding those images were intended to be confidential; with intent to cause that person emotional harm; and, causing that person distress. To establish a charge for revenge porn, the prosecution must set forth evidence meeting all elements of the crime, beyond a reasonable doubt.

Defining revenge porn requires analyzing the courts’ interpretation of the elements. “Distributing images” is generally interpreted broadly. This can be an act that helps publish the images. Understanding your legal rights and the consequences of a conviction is critical, and an experienced revenge porn lawyer in the Riverside area can help you. It can also include requesting another to publish the images. Regarding the definition of intimate body parts, there is no requirement that the victim be naked. Intimate body parts may be seen through clothing. Sexual behavior can include oral sex, masturbation, sodomy, or other sexual penetration.

As a misdemeanor offense, distributing revenge porn can lead to six months imprisonment and up to $1,000 in fines. If at the time the image was taken, the victim was a minor, the accused could face longer imprisonment and a more severe fine. Significantly, distributing revenge porn can also lead to a criminal record. The consequences of maintaining a criminal record in California can include challenges securing a job, renting or buying home, and being ineligible for certain occupations such as in education or government.

The best defense to refute charges of distributing revenge porn is to show that the prosecution did not meet their burden of setting forth evidence for every element of the crime. A revenge porn attorney serving clients in Riverside can assist you in understanding these elements. For example, the prosecution must show that the victim believed the images would remain private. If this was not clearly stated, or the prosecution cannot show evidence of this element, then the charges cannot stand. Another element, intentional distribution, must be clearly satisfied. If the images were accidentally shared, then this element has not been met. Additionally, the identity of the person in the image must be clear. It may be a valid defense if there are no identifying features of the person, such as personal items, a tattoo or other characteristic.

Constitutional defenses are another legal option for those accused of revenge porn charges. Often, these occur before or during an arrest. An example of this type of defense includes not being advised of the right to remain silent before signing a confession. This right is set forth in the Fifth Amendment. A violation of the accused’s constitutional rights can lead to dismissal of charges.

Riverside revenge porn lawyer Attorney Gregory H. Comings works to assert a strong defense on behalf of clients in an effort to minimize or dismiss criminal charges. In addition to sex crimes, at The Law Office of Gregory H.Comings, we help those facing drug crime charges, domestic violence, and violent crimes. To learn more about your sex offense case contact Attorney Gregory H. Comings by calling (951) 686-3457 or contacting us online.