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Revenge Porn

Penal Code 647(j)(4) PC - Revenge Porn Laws in California 

California Penal Code 647(j)(4) PC revenge porn law makes it a crime to post sexually explicit images or videos of someone online without their consent which causes the victim to suffer serious emotional distress.

This statute was signed into law in 2013 as the revenge porn bill under Senate Bill 255 (SB 255). Simply put, it's illegal to post on the Internet sexually explicit images or videos of somebody that will cause them severe distress.

Penal Code 647(j)(4) PC - Revenge Porn Laws in California 
PC 647(j)(4) revenge porn prohibits posting explicit images online to cause emotional distress.

For example, this sex crime often occurs in a situation where very intimate and private pictures that were initially consensual are posted online after the relationship ends badly. Typically, the male partner will use the private sexually related images of their now ex-girlfriend to humiliate and embarrass them by posting them on the Internet, such as Facebook and other social media platforms

The term “revenge porn” usually refers to a scenario where a disgruntled ex-lover who has possession of intimate pictures or videos makes them publicly available by posting them on social media.

PC 647(j)(4) says, “A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.”

Today, with advances in technology in smartphones and recording devices, it's easy for someone's sexually related pictures to get posted on the Internet.  A typical example of revenge porn is when a boyfriend takes consensual naked pictures of his girlfriend, but she breaks off their relationship later. The boyfriend becomes angry and seeks revenge by posting private images on Facebook.

When is Revenge Porn a Crime?

Revenge porn can be described as nonconsensual pornography by sharing somebody's sexually explicit images or videos that were meant to be kept private.

Penal Code 647 (j)(4) PC is primarily designed to protect victims of revenge porn by making it a crime to intentionally distribute intimate sexually explicit pictures online that cause them severe emotional distress.

To convict you of violating the revenge porn law, a prosecutor must prove beyond a reasonable doubt all the elements of the crime, including the following:

  • You had an image of the intimate parts of an identifiable person or
  • You had images of you engaged in sexual intercourse, oral copulation, masturbation, sodomy, etc.,
  • You intentionally distributed the intimate image,
  • There was a mutual understanding between the parties that the sexual images would remain private,
  • You knew or should have reasonably known that the distribution of the image would cause the other person emotional distress, and they suffered emotional distress. 

Intimate body part” means any part of the genitals, anus, and any portion of female breasts below the top of the areola. An “identifiable person” simply means that it's likely that another person could identify the victim.

Intentionally distributed” an image means that you personally distribute it or intentionally cause someone else to distribute it. This could include sending the image through the following:

  • Text messages,
  • Email,
  • Social media,
  • Pornography website, etc.

Simply put, if you intentionally distribute an image or video of somebody's intimate body parts or show them engaging in sexual acts, you can be charged with a misdemeanor crime under PC 647 (j)(4). It does not matter if the victim is an adult or if they initially permitted the taking of the images.

What Is the PC 647(j)(4) Penalties?

Suppose you are convicted of violating Penal Code 647(j)(4) revenge porn law. In that case, it's a misdemeanor offense that carries the following penalties:  

  • Up to six months in county jail,
  • A fine of up to $1,000,
  • Informal summary probation. 

Suppose you are convicted of a second or subsequent offense of revenge porn or the victim was a minor under the age of 18. In that case, you will face the following penalties: 

  • Up to one year in county jail,
  • A fine of up to $2,000

Notably, judges can grant summary probation only rather than jail time. Further, Assembly Bill 602 gives some victims of fake sex videos the right to sue, but this would only apply if the person in the video did not give consent.

What are Related Crimes?

Several laws are related to California Penal Code 647(j)(4) PC revenge porn law, such as the following: 

  • Penal Code 647(j) PC criminal invasion of privacy means intruding on a person's privacy by using a device to look at them through an opening, using a concealed camera to look under someone's clothing, or using a hidden camera to view a person's body in a private room. You do not have to distribute the images to violate this misdemeanor law.
  • Penal Code 647(i) PC peeking while loitering law makes it a crime to peek inside the door or window of any inhabited structure while loitering on private property. Again, you do not have to distribute images to violate this misdemeanor law.
  • 18 U.S. Code 1801 - federal video voyeurism law makes it a federal offense to intentionally capture someone's private parts without consent while the victim was in a place with a reasonable expectation of privacy. Distribution of the images is not required.

What Is the PC 647(j)(4) Defenses?

Notably, you must first understand that it does not matter if the victim was initially a willing participant to have the pictures taken or videos recorded. It also does not matter that the victim is an adult over the age of 18.

If you have been accused of revenge porn under PC 647 (j)(4), our California sex crime attorneys can use different strategies to obtain the best possible outcome, such as the following:

  • Distribution was unintentional,
  • Alleged victim gave consent,
  • No intent to cause emotional distress,
  • A lack of emotional distress,
  • Unidentifiable images or videos,
  • Illegal search and seizure by police,
  • First Amendment protections.

We can argue that the images or videos were accidentally distributed. Perhaps they were mistakenly sent to someone, but there was no intent to harm the alleged victim. Perhaps we can argue that someone else could access and distribute the material without your knowledge.  

Maybe we can argue there is a lack of emotional distress, which is a required element of the crime to be convicted. Perhaps we can show that the alleged victim is not emotionally suffering from the incident. 

Maybe we can argue that there was a lack of visibility, which means the alleged victim wasn't identifiable by the online material. Perhaps we can say that there is insufficient evidence beyond a reasonable doubt that the person in the material is the alleged victim and that other people would be able to recognize her. 

Perhaps we can argue that there was consent given by the alleged victim to post the images or videos online. Maybe we can say that law enforcement conducted an illegal search and seizure.

Perhaps we can negotiate with the prosecutor for reduced charges or a case dismissal. Contact our law firm for more information. The Hedding Law Firm is based in Los Angeles, CA.

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