California Penal Code 647(j)(4): Revenge Porn

Legal Definition: Revenge porn happens when you reveal or distribute sexually explicit images or videos of another person, without their consent, for the purposes of causing that person distress or embarrassment. This is typically done by a former sexual partner.

To secure a conviction for a violation of PC 647(j)(4), the prosecution must substantiate the following integral elements:

1. Possession of a photograph capturing the intimate body part of an identifiable individual
2. Possession of an image depicting a person engaging in sexual intercourse, sodomy, oral copulation, or masturbation.
3. Intentional dissemination of said image to one or more individuals.
4. Explicit understanding between all parties involved that the image would be treated as private.
5. Knowledge or reasonable expectation that the act of distributing the image would inflict severe emotional distress upon the individual.
6. Substantial evidence revealing that the person depicted in the image has indeed experienced significant emotional distress.

Rest assured, our experienced, expert team possesses the utmost authority and trustworthiness in handling cases of this nature.

What does this mean?

An “intimate body part” refers to specific areas like the genitals, anus, and, in females, any portion of the breasts below the areola. These areas may be uncovered or visible through clothing. It is important to note that taking a nude photo alone does not render one automatically guilty under this offense. Instead, it requires the knowing distribution of such content to a third party. Therefore, if someone gains access to your phone and shares the image without your knowledge, it does not constitute a violation within the context of this section.

This situation often arises when two individuals in an intimate relationship end their connection. Many individuals regret sending particular photos to their former partners. Until the recent enactment of this particular code section, there was no recourse available to prevent the dissemination of those pictures to others. Furthermore, it is worth mentioning that as more minors engage in consensual sexual activities with other minors, any photos involving individuals under 18 years of age would also be classified as child pornography, resulting in significantly harsher penalties.

Penalties

Revenge Porn is a misdemeanor offense only, where if you are convicted under this section, where depending on what subsection your case falls under, will determine your possible sentence. A violation under PC 647(j)(4)(A)/647(j)(4)(B), which requires distributing nude images with the intent to humiliate, you could be sentenced to upwards of 180 days in a County Jail. You would be required to serve 50% of that sentence.

If the victim is a minor, you could be sentenced to upwards of one year in a County Jail. You would be required to serve 50% of that sentence. And finally, if you have a prior conviction under this section, you could be sentenced to upwards of one year in a County Jail. You would be required to serve 50% of that sentence.

Generally, unless a Judge were to determine you acted with some kind of Sexual Compulsion, or have any prior offenses, you generally would not be required to register as Sex Offender under PC 290. As this is a misdemeanor offense, it would not be a strike under the Three Strikes Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights
4. Consent
5. False Accusations
6. Coerced Confessions

As mentioned earlier, it is important to note that sharing someone’s nude image without their knowledge does not make you guilty under this section. However, it is crucial to emphasize that such sharing must be done intentionally, with the specific intent to humiliate or embarrass the individual. In the absence of these elements, an accidental upload to your Facebook would not be sufficient grounds for a charge.

Another commonly employed defense strategy is consent. If a person grants you permission to share their image with others, it serves as a complete defense against any charges. However, it is crucial to understand the distinction between someone permitting you to capture a sexual experience or sending you nude photographs, and their consent to share those images. Unless explicitly stated, possession or reception of nude photos or videos from another individual does not automatically imply consent for you to share them with others. Actual consent to disseminate these images to a third party must be obtained.

Although it may seem peculiar for someone to willingly allow the sharing of their images, there are individuals who do so for various reasons. This could be motivated by aspirations to enter the fields of pornography or modeling, or to gain more followers on platforms like Instagram. There exist numerous reasons why such actions may occur, and considering the current societal inclination towards achieving rapid fame, these scenarios are entirely conceivable.

Call Today

Confronting charges under PC 647(j), particularly those as severe and reputationally damaging as Revenge Porn, is an incredibly challenging ordeal. These charges not only carry the possibility of severe legal penalties but also the potential to inflict lasting harm on your personal and professional reputation, possibly even resulting in being labeled as a sex offender—a designation that can have profound and enduring consequences on every aspect of your life.

Inland Empire Criminal Defense, located in Ontario, has carved out a reputation as a stronghold for individuals facing such severe accusations. Our team of PC 647(j) criminal defense attorneys brings to the table an unparalleled depth of knowledge and experience, crucial for successfully navigating the legal intricacies of cases involving specific intent and emerging legal frameworks.

Why Choose Inland Empire Criminal Defense for Your PC 647(j) Defense?

• Proven Expertise: Our attorneys are not only well-versed in existing laws but also remain at the forefront of evolving legal standards, especially vital for newer legislation like Revenge Porn under PC 647(j).
• Comprehensive Defense Strategy: We understand the stakes and meticulously craft a defense that addresses every facet of your case, aiming to protect your rights and clear your name.
• Commitment to Clients: Our track record in defending serious charges under PC 647(j) reflects our unwavering commitment to achieving justice for our clients, underpinned by a comprehensive understanding of both the law and the personal stakes involved.

Your Advocates in Trying Times

In such turbulent periods, the support of a dedicated and knowledgeable legal team is indispensable. Inland Empire Criminal Defense offers more than just legal representation; we provide a partnership aimed at navigating these challenges together.

Schedule Your Complimentary Consultation Today

Don’t navigate this daunting journey alone. Reach out to Inland Empire Criminal Defense at 909-939-7126 for a free initial consultation. Our team, available 24/7, is ready to offer the guidance, support, and aggressive defense you need. Let us take on the legal challenges, allowing you to focus on moving forward.