San Jose Revenge Porn Lawyer
When a person is in a romantic relationship with someone, they may share intimate photos of themselves. For example, they may take nude selfies and send them to their lovers. This may be a great way to add a little spice to a relationship, especially a long-distance one. But when the relationship ends, things can go awry quickly.
When a nasty breakup happens, a spurned lover may seek revenge by leaking sexually explicit photos of their ex online. This type of revenge is illegal in many states, including California. Anyone who distributes an image of another person without their consent and with the intent to cause fear in the other person commits a crime.
The concept of revenge porn is a little hazy because it is not always vengeance driven, as the term would suggest. Although disgruntled exes are frequently the ones who engage in revenge porn, strangers may also engage in this crime by hacking into others’ accounts or devices and then posting the sexually explicit images they find. Therefore, a broader definition would be non-consensual pornography.
Anyone can be a victim of revenge porn. Celebrities such as Rihanna, Scarlett Johansson, and Jennifer Lawrence have had nude images leaked online. Even Kate Middleton of Britain’s royal family has been a victim. The good news is that anyone who has been a victim of non-consensual pornography may sue the perpetrator in civil court.
You have legal rights. If you have been a victim, seek legal help from a San Jose revenge porn lawyer from Argyris Mah, LLP. We will help hold the liable party responsible for their actions.
Examples of Revenge Porn
Revenge porn may include the following:
- An ex-partner disclosing intimate images or videos obtained during the relationship without the other person’s knowledge or permission.
- Someone who shares sexually explicit photos or videos of a person they meet online without that person’s consent.
- Someone who distributes explicit photos or videos of someone they’ve never met but got via hacking or other methods.
Revenge Porn Penalties
In order to be convicted of revenge porn in California, the prosecutor has to prove all these elements beyond a reasonable doubt.
- You possessed an image of an intimate body part of an identifiable person, or the person was engaged in sexual intercourse, sodomy, oral copulation, or masturbation.
- You had a mutual understanding that the images would remain private.
- You intentionally distributed the image.
- You knew that sharing the image would cause serious emotional distress to the person.
- The victim who was depicted in the photo actually suffered serious emotional distress.
A person convicted of revenge porn faces a misdemeanor charge. The penalties for a first offense include up to six months in a county jail and a fine of up to $1,000. A repeat offender could face one year in county jail and a fine of up to $2,000.
Contact the San Jose Revenge Porn Lawyers at Argyris Mah, LLP Today
Revenge porn is taken seriously in California. If you have been a victim, understand your legal rights.
A San Jose revenge porn lawyer from Argyris Mah, LLP can help you prove your case. Call our office at (408) 214-6366 or fill out the online form to schedule a consultation.
