California’s Revenge Porn Law

What is Revenge Porn?

Revenge porn, to most jurisdictions, is sexual and explicit media (typically video footage or photographs) that has been distributed without consent from the other parties involved. Revenge porn is usually created and published as a result of extreme relationship tension between two, or a group of, people.

To be classified as revenge porn, the action has to be published with the intent of harming the non-consenting party that is involved in the footage or images, or to generate profit or notoriety. In many cases involving revenge porn, the victim’s personal information, like their name, address, social media accounts and other information is also published alongside the pornographic material.

In most cases of revenge porn, other pornography websites will pick up these images, videos and content to redistribute on their websites. Even if the original revenge porn website is terminated by request or by legal action, that revenge porn is now present on other websites on the internet. At that point, it can be incredibly difficult to track down these images with the intent to shut down or have them removed.

What is the Revenge Porn Law in California?

Like many other states in the US, California has passed laws that criminalize revenge porn. The law officially criminalizes the act of publicizing revenge porn for any reason. However, as the law progresses and adapts, it has been discovered to have a variety of flaws that many people are not happy about.

What Are the Big Concerns About the Law?

There are a number of concerns about the revenge porn laws in most states. Listed below are a few of the biggest concerns about the law.

  • New criminal laws that have been created with the intent to combat revenge porn havebeen considered by some as ‘overboard’ that result in undesirable consequences. Many feel that this is a strike against the First Amendment and right to free speech.
  • Some people are concerned that if legislation for revenge porn continues, it runs the risk ofimages and other content being excessively censored online or from other media sources (e.g., TV).
  • Images, video and other information that is published on the internet has a tendency ofspreading to other websites (by copying and redistributing it), making it difficult to truly eliminate all pornographic content as a result of a revenge porn act.
  • Some feel the category ‘revenge porn’ is less accurate than extortion or cyber-harassmentor exploitation.

Case Outcomes of the Revenge Porn Law

(1.) According to the Los Angeles Times, the first revenge porn conviction in California resulted in a man landing himself in jail for at least a year. At the time, the revenge porn law was in effect in California, where he broke up with his girlfriend and decided to get revenge. He had posted nude photographs of his ex-girlfriend on an employer’s Facebook page with a variety of slurs.

Had he done so before the law had gone into effect, he might have gotten away with it. However, due tothe revenge porn law in California, his actions were considered a misdemeanor crime and he ended up spending a year in jail.

(2.) The first significant revenge porn prosecution goes to a man who received 18 years in prison for his actions. He had posted thousands of images and content on a website he created; all of this content was deemed ‘revenge porn’ by the prosecutors. Many women rallied together and testified against him, his actions and the damage his website has done to their lives.

Also, he created another website to charge the women to “remove” the images from his websites. Not only was he getting into legal trouble for publishing revenge porn, but he was also a extorting the victims, resulting in an 18-year prison sentence.

If you, a friend or a loved one has been a victim of revenge porn, you can seek legal counseling to determine the best courses of action. While some of the damage of revenge porn may be irreversible, you may be able to help prevent future damage by seeking legal help to terminate the offending website.

Regardless of how severe the action has been, the longer you wait the further you put your future at risk. Give us a call today so that we can get to work immediately remove unwanted images from the internet!

Leave a Reply