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What are the Possible Consequences for Revenge Porn in California?

Posted by Ronald D. Hedding | Aug 10, 2020

Accused of Violating California Penal Code 647(j)(4)? This crime is relatively new because of the advent of the internet and people videotaping each other and then putting it on the internet to punish the other person as revenge for some reason or another.

It's going to take you taking video, and even if the person consented to the video, it's simply going to be some nudity or sex act going on.  Maybe it was your ex-boyfriend/ex-girlfriend, and then you show that video to other people to try to get revenge against that person in some way.

Impact on Future Employment

Then you're likely to be either cited or arrested for revenge porn under California Penal Code 647(j)(4) and have to go into court.  That's one consequence — you get arrested and get a sex-related charge against you, which is horrible for your future employment.

The other things, and being arrested in front of your friends, families, neighbors, at work, is something that you don't want.  So, that's one consequence of revenge porn if the government, police, and prosecutors can prove it.

Register as a Sex Offender & Protective Order

Another consequence is you get a crime on your record if you get convicted, and you end up potentially having to register as a sex offender if the prosecutors try to make that part of your probation — assuming you get probation — for a particular revenge porn case, either in Los Angeles or the San Fernando Valley.

Also, they're going to order you to stay away from the particular person, so they're going to put what's called a criminal protective order against you where you cannot talk to that person, call them or contact them in any way, especially by social media for the probationary period which is typically three years.

Suppose it ends up being your significant other, and you get a domestic violence charge. In that case, they could also make it a ten-year period that you cannot contact that particular person, and when somebody runs you, they'd see that you have a protective order against you, you have a criminal record with a conviction.

As you can see, any conviction for revenge porn can have severe consequences against you.

Jail Time & Community Service

You can also be put in jail for a period, which I've seen to teach the person a lesson that sending out pornographic images or videos of another person is something that the government, judges, and prosecutors take very seriously.

In addition to jail time, there can be other punishments such as community work, Cal Trans, community service — there's a whole series of things that prosecutors can make you do.

Another significant loss that I see judges imposing in revenge porn-type cases is the inability to go on the internet or use social media. Because they figure somebody who is using the internet, their phone to commit such crimes, shouldn't be trusted on the phone and may continue to violate the law.

To make it easier to catch the person, a judge will often order you during the probationary period not to go on the internet, even not to use a phone that has internet capability or a computer or a tablet.

So, there are a lot of different restrictions that can be put on you if you send out this revenge porn.  Get a protective order while the case is pending, and you violate that protective order. The court can throw you in custody while the case is pending with no bail if they choose to protect the victim from you doing any other criminal activities related to them.

California Sex Crime Defense Lawyer

What I've seen a lot of times, these revenge porn cases are more than meets the eye, and sometimes there's another story to what's going on, and the other person is also to blame for what's happened.

So, I like to get the client in the office, have you give me the whole story about what happened, and then we'll design a plan to deal with the criminal case.

Whether it be — if we have a complete defense — fighting it all the way, or if you have done something wrong, obviously trying to protect your rights and liberty.

Also, and everything necessary to you by crafting a resolution that helps you move forward with your life and get out of the criminal justice system as fast as possible.

Hedding Law Firm is a top-ranked criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0979.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

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