California’s Misdemeanor Crime of Revenge Porn

California led the nation in 2013 when it created the misdemeanor crime of revenge porn. Under Penal Code § 647(j)(4), posting sexually explicit images or videos of someone online, without consent, which causes the victim to suffer serious emotional distress is a misdemeanor. Another way of describing it would be “non-consensual pornography.”
PC § 647(j)(4) defines the four elements of revenge porn:
1.Intent to distribute. A person intentionally distributes an image of the intimate body part of another identifiable person, OR
1. A person intentionally distributes an image of another person engaged in a sexual act.
2.Private circumstances. Someone takes the images when the parties understand that the images will remain private.
3.Knowledge of distress. The person distributing the images knows or should know such action will cause serious emotional distress.
4.Distress experienced. The person depicted suffers serious emotional distress.

Common Revenge Porn Defenses

lack of visibility: The victim is not identifiable through the material. Your criminal defense attorney might be able to argue that there is no certainty that the person in the material is the alleged victim and that others would not be able to recognize the person as well.
accidental distribution: The images or videos were mistakenly sent to another person without intent to harm the alleged victim. Or someone else accessed the material and distributed it without the defendant’s knowledge.
lack of emotional distress: Emotional distress is a necessary component of PC § 647(j)(4). Perhaps your criminal defense attorney can uncover evidence proving that the alleged victim is not suffering from the incident despite his or her claims.
consent: Perhaps your criminal defense attorney can make a reasonable argument that the alleged victim of revenge porn gave consent to distribute the intimate images.

Revenge Porn Punishments

Defendants found guilty face:
A fine of up to $1,000, and
Up to six months in jail