California Revenge Porn Laws - Penal Code 647(j)(4) PC
When it comes to the crime of revenge porn, I have handled a lot of these cases, especially recently, with more and more content being placed on the internet, Facebook, and various other social media platforms.
When people get angry with a significant other or someone they've encountered, they can sometimes do criminal things and severely damage the other party's reputation.
Now with all the available technology and the internet, I've handled a lot of cases recently where people are putting revenge porn on websites or sending it to various people, sending it to the other party's job to get back at them for some wrong that they have done against them.
In these cases, the prosecutors are very harsh because they feel this is a severe personal violation of the other party's rights, and it can't be undone.
Once you put some nude photograph or video out on the internet, it's very, very difficult – if not impossible – to take it back.
So, if you have one of these revenge porn cases, obviously you want to get in front of somebody that's experienced, that's handled these cases before and knows how to counteract some of the damage that can be caused b this type of offense being charged against you and you have to take a conviction for a revenge porn case.
What are Some Defenses in a Revenge Porn Case?
The most commonly used defense in these types of cases is that – I'm not the one who did that – you cannot prove that I posted that or sent that.
This is where experts are going to become involved because the police have their experts, the prosecutors have experts, and they're going to try to use those experts to prove that you're the one that had access to the subject of pornography. You're the one who sent it or did whatever was done with it to expose it to other people.
This is done by computer experts, tracing IP addresses and various other sophisticated technology-related investigation devices available to the authorities.
So, a lot of times what we'll do, we'll have to get our experts in these cases if we have a good issue, that we have a solid argument, that they have not proved their case, and they cannot show that you're the one that distributed this pornography.
The fact that somebody else did something to you and maybe they exposed something you didn't want to be told is not necessarily a defense to a revenge porn case under Penal Code Section 647(j)(4).
There's no such thing as an eye-for-an-eye to sex-related offenses, especially when you're putting something out there that can damage somebody's reputation and not be taken back.
What is Your Best Strategy if Charged With Revenge Porn?
Your best strategy is to get all the information together in a summary form, get a list of questions together, go and sit down with the attorney you want to represent you, and give them all the details of your case.
Don't omit anything. Don't put a spin on anything – be honest with them about what happened so they can be in the best position to represent and defend you.
I can't tell you how often I've had clients not give me all the information, and then later on down the road, it puts us as a defense at a disadvantage.
The defense in a revenge porn case, or any criminal case, should be working together – the client and the attorney – to achieve the best result.
If it's a case where it's a jury trial, the lawyer will want to have all the information to properly defend you and try to get the result you want.
Suppose it's a case where there will be negotiations to resolve the issue because the authorities have good evidence against you. In that case, you're going to want to cooperate with your attorney to get character letters and all the good mitigating information, and of course, give him your version of events.
Often, your version of events I not gotten out there by the police because they only take a one-sided account and don't get all the information. Now it's your attorney's job to present the other side of the coin to the prosecutor and judge, do damage control, and get the result you must have.
If I Accidentally Posted A Nude Image Online, Can I Still Be Charged?
It seems highly unlikely that the authorities would charge a person with a sex-related offense for accidentally posting their boyfriend's image online.
However, if circumstantial evidence suggests it was done intentionally or the boyfriend wants to press charges, the individual could face serious consequences.
I Didn't Know A Girl I Was Seeing Was Underage Until We Broke Up. Now She Is Threatening To Go To The Police. If I Was Lied To and Wasn't Aware Of Her Age, Will I Still Be Charged? If an individual did not know and could not have reasonably known that someone was under 18 when they were sexually involved with that person, they should not face charges.
To determine whether the individual knew or should have reasonably known, several details will be considered, including how long the relationship lasted, whether or not they drank alcohol together, and whether or not the person had any form of identification.
Anyone who finds themselves in this situation should hire an attorney. Law enforcement may question the person, arrest the person, or conduct a pretext phone call to listen in on the person and attempt to gather evidence supporting the idea that the individual did know that the person was under the age of 18.
When Would Revenge Porn Or Sexting With A Minor Charge becoming A Federal Charge? The feds can pick up any case they want, mainly if it involves a crime across state lines. If the internet were used in the commission of a crime, then it would be in the federal government's territory.
However, the federal government won't likely handle minor cases involving sexting or revenge porn. They will, however, get involved with issues that affect child pornography and adults who are trying to contact or meet up with children. The federal government aims to protect children in the United States and other countries from being sexually exploited.
I Posted A Picture Of My Ex In A Swimming Suit Online. Nothing Much Was Shown On Her Body, But I Did Post Some Negative Or Degrading Comments. Is This Considered A Sex Crime? If someone posted a picture of their ex in a swimming suit online and none of their private parts were showing, and they were at least 18 years old, then the person who posted it probably would not be dealt with by law enforcement but could be subject to civil liability.
If the person violated a restraining order by posting the picture, they could face criminal charges. Contact a California sex crime attorney at our law firm to review your case.