Revenge Porn in California - Penal Code 647(J)(4) PC
California Penal Code 647(j)(4) makes it a crime to post sexually explicit images or videos of somebody online without consent and causes the victim to suffer serious emotional distress.
This sexual-related offense often occurs after there was initial consent to the sex images or videos during an intimate relationship. However, after the relationship ends on a sour note and one partner feels they were disgruntled, they decide to “get even” and embarrass their ex-partner by posting intimate images on the internet.
Put simply, “revenge porn” is when an ex-lover or someone else who possesses intimate pictures or videos of another person shows them online publicly to humiliate them.
With advances in technology for smartphones and recording devices, it's pretty easy for explicit sexual images or videos to end up in the hands of someone with the wrong motives. You could face criminal charges if you post sexually related images online of an ex-spouse, girlfriend, or intimate partner.
Penal Code 647(j)(4) revenge porn law is closely related to California PC 647(j) invasion of privacy laws, both a misdemeanor crime. In this article by our Los Angeles criminal defense lawyers, we will cover this topic in more detail below to better understand the law.
What is the Legal Definition of Revenge Porn?
Revenge porn is essentially non-consensual pornography. It's using fear and intimidation by spreading someone's sexually explicit images or videos online. It's also illegal and could result in jail time and fines.
California Penal Code 647 (j)(4) protects victims of revenge porn by prohibiting the distribution of sexually-explicit pictures or videos of a person to others. It's legally defined as follows:
- “Anyone who intentionally distributes an image of the intimate body part or depicting them in sexual intercourse, oral copulation, sodomy, sexual penetration, or masturbation, under circumstances they understood it would remain private, and the person distributing the image knows or should have known the distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.”
Note the crucial element of the crime that says who intentionally distributes an image or video of someone's intimate body parts or engaging in sexual acts is committing a crime. Private body parts include the genitals, anus, or any portion of female breasts.
The most common example of a revenge porn case is when a husband or boyfriend takes naked pictures of their intimate partner, but after an ugly breakup, they decide to post the images online on Facebook.
What Happens If I Violate the Law?
What will happen if I send a video of my ex-spouse on the internet as revenge porn? This topic has been dealt with many times by police and prosecutors since the internet has existed.
Significant others become angry. They've got videos of sex acts with their prior partner, and they decide to post revenge porn online. Sometimes, they send it to the person's work; other times, they send it just to the person; other times, they send it to their family/friends; sometimes, it's posted online.
If you do that and the other person finds out about it, and they contact the police, then the question is going to be whether the police can prove that you're the one that posted it, and if they can, you may well be charged with revenge porn or some other sex offense. You cannot post that type of video, even though the video might have been taken by the other person when it was taken.
What Are the Elements of the Crime?
To convict someone of revenge porn in California, the prosecutor must prove several factors called the “elements of the crime.” The circumstances under which PC 647 (j)(4) apply include all of the following:
- if there were an understanding between the defendant and the victim, the sexual images or videos would remain private;
- knowledge that publishing the sexual-related material would cause the victim severe emotional distress;
- victim is experiencing distress due to the online published images;
- defendant should have known the repercussions of their actions.
It does not matter if the person in the images permitted the defendant to have those images before posting them online.
What Are the Common Mistakes?
There are some common mistakes people make when they are being investigated or charged with revenge porn. For those individuals who are being accused of sending out on the internet revenge pornography related to an ex-spouse, boyfriend, girlfriend, or significant other, there are inevitable mistakes they don't want to make to put themselves in a worse position.
The first mistake would be talking to your ex and admitting that you did send out revenge porn. That would be used against you by the police department. Once somebody reports this type of crime to law enforcement, the police will set that person up to make a pretext phone call.
This is where they call the individual who put it out on the internet and tries to get them to admit that they did it, to apologize, so that that admission can later be used against them to prosecute them for the crime.
You never want to talk to the police when they're investigating you for this type of offense or any offense. The police, of course, say we want to get your side of the story. In the meantime, they are in the competitive business of ferreting out crime, and they're looking to get people and evidence against them instead of doing a fair investigation and getting both sides of the equation. The bottom line is, do not talk to the police.
Hire an attorney right away. Another common mistake is burying your head in the sand and doing nothing when you know you're under investigation or not hiring your attorney so that you can give all the information regarding what happened. Maybe there's some other information that your attorney can use to help you.
What Are the Penalties for Penal Code 647(j)(4)?
The crime of revenge porn in California is a misdemeanor crime and could result in the following consequences:
- up to six months in county jail,
- a fine of up to $1,000,
- summary probation,
- criminal record,
- for second offenses, up to one year in jail.
- If the victim was a minor, penalties are up to one year in jail and a fine of up to $2,000.
A criminal record could have long-term negative consequences extending beyond incarceration and fines.
How Can I Fight Revenge Porn Accusations?
Any allegation of revenge porn might be false, or the evidence does not meet the criteria under PC 647 (j)(4). The common defenses we could use are listed below.
- Consent: We might be able to argue that the alleged victim of revenge porn gave consent to distribute the intimate images online.
- Lack of emotional distress: This is a required crime element. Maybe we can prove the alleged victim is not suffering from the incident.
- Lack of visibility: maybe the victim is not identifiable through the material, and we can argue there is no proof it's the alleged victim
- Distribution was an accident: maybe we can argue the images or videos were mistakenly sent to someone without the intent to harm the victim.
Depending on the details of the case, we can create a defense strategy unique to your case and designed to obtain the best possible outcome.
We Can Help You with Revenge Porn Allegations
As discussed above, the Legislature has developed laws that prevent someone from seeking revenge against their significant other. So, you must contact an attorney like me who's been practicing criminal defense for approximately 30 years. I know how to deal with prosecutors.
I know how to minimize the damage to you, your criminal record, your freedom, your job, and your future. What we have you do is pick up the phone. Ask for a meeting with Ron Hedding. Come in and meet with me. Be honest with me.
The attorney-client privilege will protect everything. If you have a case in Los Angeles or any surrounding counties involving revenge porn or posting a nude video of your significant other or anyone else, you've come to the right place.
First, we'll decide whether or not the prosecutors will be able to prove the case against you or if they might have some problems with that. You don't want to give any statements to the police. You want to hire an attorney like me right away so I can act as a buffer between you and the police.
Pick the phone up now. Make the call. I will deal with the police officers. I will deal with trying to prevent a filing. If we can avoid it, fantastic; if not, we'll figure out how to mitigate the situation – decide whether or not we can win the case; if we can't, we will figure out how to resolve the case another way.
I've worked for the district attorney's office. I've worked for a Superior court judge, and I've been a criminal defense attorney defending people just like you since the early 1990s. Hedding Law Firm is based in Los Angeles County and serves people throughout Southern California. We offer a free case review by phone, or you can fill out our contact form.
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