Revenge Porn in California

The dissolution of a relationship will usually have its tempestuous moments. Even the most amicable of divorces and separations deal with tough issues like dividing assets, and scheduling out a new normal for your kids schedules and custody arrangements. If even the most well-intentioned of break ups can be difficult, it is easy to understand how the dissolution process can turn antagonistic, and even veer toward the line of domestic violence and/or criminal law infractions. Such is the experience of far too many people with the problem of so-called “revenge porn.”

But what is revenge porn? How might it play into a divorce case, and what should you do if you fear you are in the cross-hairs? This article aims to inform readers of California’s stance on this issue, and empower them with the knowledge of how to move forward if they find themselves facing this insidious issue.

What is Revenge Porn in California?

Revenge porn is a type of sexual harassment. This issue is not exclusive to couples going through a divorce and could affect any number of people, but it is far too common that instances of revenge porn take place in the midst of a bad break up or divorce. A revenge porn case involves the distribution of sexually explicit images or videos online without the consent of one of the parties depicted. The distribution of this material is a crime under California law, if the person distributing the material knows that they do not have permission to do so.

California’s Anti-Revenge Porn Laws Laws

California penal code 647(j)(4) makes it illegal to distribute or post any image or sexual activity and/or nudity without obtaining the consent of the person depicted. This law effectively prohibits such distribution via essentially every means possible. For example, it is prohibited to distribute said material via:

• Text message
• Social media (Instagram, snapchat, etc.)
• Messaging apps (such as WhatsApp)
• Video-sharing websites (such as YouTube, TikTok)
• Webpages (such as pornography websites

Possible Penalties for Posting Revenge Porn Images or Videos in California

California does not take violations of Penal Code 647(j)(4) lightly. Possible penalties include:

• Up to six months of jail time
• $1,000 in fine (for a first-time offense)
• After the first offense, penalties can increase by terms of a year imprisonment and additional $1,000 fines.
• Under certain circumstances, violators may be required to register as a sex offender, with all of the responsibilities and ramifications associated.

What to do if Revenge Porn is Threatened

Revenge porn allegations affect people differently, depending on whether you are the person who feels harassed and threatened, that your private image might be shared – or, perhaps, you are an innocent former partner fearful that your ex will make false accusations against you.

Either way, proper utilization of the legal processes in place and utilizing the expertise of an experienced legal team is key to landing in the best possible place moving forward. An experienced attorney seasoned in domestic violence and abuse scenarios can help you understand what you need to do moving forward to best protect yourself and your family.

Contact Cardwell, Steigerwald Young

Harassment is never something that anyone should have to live in fear of. The San Francisco domestic violence lawyers at Cardwell, Steigerwald Young can help you navigate through the protections offered to you under California law. Contact our office today to begin speaking with our team.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN

ocregister.com/2023/04/10/sacramento-snapshot-california-could-criminalize-ai-generated-revenge-porn/