Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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California's Revenge Porn Law: What You Need To Know

If you have been victimized in a revenge porn case, you should contact a lawyer. Sacramento law has specific litigation regarding revenge porn. Here are the main points of what you should know:

What qualifies as "revenge porn?"
"Revenge porn," by legal definition, is the posting or distributing of nude or sexually explicit photos or videos of a person online when they have not consented to distribution. Photos that were taken with consent can still qualify.

What states have passed laws against it?
Arizona, California, Colorado, Delaware, Georgia, Hawaii, Idaho, New York, Pennsylvania, Utah, Virginia, Maryland, and Wisconsin have laws in place.

What is the punishment?
Under California's disorderly conduct statute, revenge porn is classified as a misdemeanor. Punishment of the crime is jail time of 6 months and a fine of $1,000. Additional fines can also be enforced if repeat violations are proven.

To prove this crime has occurred, your counsel must demonstrate four things:
1. The pictures were taken under the understanding that confidentiality would be kept
2. The victim is identifiable in the images
3. Intent of the defendant is to cause emotional distress to the victim
4. Proof the victim is suffering

Several defenses make it difficult to hold offenders accountable. The law does not apply if:
1. The victim takes pictures or presses record on the camera. This means that "selfies" do not qualify
2. A hacker obtains the images and a third party redistributes them

If you believe you are a victim of revenge porn, contact a lawyer. Sacramento, CA residents can prosecute under this law. 

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