In the digital age, the misuse of intimate images has become a distressing reality. In California, there are criminal and civil laws in place to penalize perpetrators of revenge porn and protect survivors.
What is Revenge Porn?
Revenge porn refers to the non-consensual distribution or sharing of intimate or explicit images or videos with the intent to harm, embarrass, or harass the individual depicted.
In California, revenge porn is illegal under both Penal Code Section 647(j)(4) and Civil Code Section 1708.85(a). Generally, both laws illegalize the distribution of sexually explicit images or videos of someone online, without that person’s consent, which causes that person to suffer serious emotional distress. If the person depicted in the revenge porn is a minor (under the age of 18), there are additional causes of action available under child pornography laws.
What to Do If I Am Depicted in Revenge Porn?
If you are a survivor of revenge porn in California, you have the option to seek criminal and/or civil recourse. Criminal actions involve offenses against the state, with the government acting as the prosecutor, while civil actions pertain to private disputes between individuals or entities, aiming for compensation and resolution through a plaintiff-initiated lawsuit.
- Criminal action: Under California Penal Code Section 647(j)(4), revenge porn is a misdemeanor crime punishable by a fine, probation, and jail time. Reporting the incident to law enforcement is a crucial step in initiating a criminal investigation.
- Civil action: From a civil standpoint, revenge porn perpetrators may be sued for violating California Civil Code Section 1708.85(a). The court may order the perpetrator to pay the survivor’s attorneys’ fees and costs under Section 1708.85(e).
It is possible to seek legal recourse both criminally and as a civil matter. To preserve your right to pursue a civil case while a criminal case is ongoing, it is advised to speak with a qualified litigation attorney about the relevant statutes of limitation.
What Other Steps Should I Take As A Survivor?
As a survivor, it is helpful to take the following steps as soon as you discover the revenge porn:
- The first step is to document what is happening in real time. It can be very useful to have screen shots, additional photographs, or other recordings of the publication or dissemination of your image.
- If the images are posted or published to a website or social media platform, request that the content is removed by using the relevant reporting functions on the social media platform or other website.
- Additionally, if a survivor took the photograph or video, then he or she can utilize the Digital Millennium Copyright Act(DMCA) by sending takedown requests to internet service providers that may be hosting the content. Internet service providers and social media platforms typically have a link where you can quickly and easily submit a takedown request.
- Survivors who want to take legal action against the perpetrator should seek help from an experienced attorney. An attorney will be able to help you file a claim under the applicable California statutes. You may also want to consider informing the police or the relevant prosecuting authorities.
What to Do If I Have Been Wrongfully Accused Of Distributing Revenge Porn?
If you find yourself accused of violating revenge porn laws in California, it is imperative to seek legal counsel promptly. Defenses may exist, such as:
- lack of intent,
- mistaken identity, or
- consent from the depicted individual.
An experienced attorney can help build a strong defense tailored to the specific circumstances of your case, ensuring your rights are protected throughout the legal process.
Conclusion
Revenge porn is a grave violation of privacy with far-reaching consequences, both emotionally and legally. If you are a survivor seeking justice or an individual facing accusations, it is crucial to consult with legal professionals who specialize in these matters. Reach out to a member of our team to discuss next steps and receive the support you need.