Revenge Porn Now Illegal in California

In October 2013, California Governor Jerry Brown signed a law that expanded the definition of disorderly conduct and invasion of privacy. Senate Bill 255 outlaws so-called “revenge porn,” which involves the posting of private, pornographic photos of another person as a means of revenge against an ex-partner. The bill, which goes into effect immediately, specifically outlines the following elements that define revenge porn:

· The photograph or image is of intimate body parts.
· The parties had agreed that the image would remain private.
· The photographer subsequently distributed the image.
· The photographer had the intent to cause emotional distress.

Those Convicted of revenge porn face a maximum of six months in jail and a $1,000 fine — the punishment is more severe if the offender is a repeat offender or if the victim was a minor.
Privacy rights in a digital world

Before SB 255, Section 647 of the Penal Code was largely concerned with “peeping Toms” and other sexually-driven video surveillance, such as spy cameras in fitting rooms, which were used unbeknownst to the victims. The new law is an attempt to limit privacy rights, and therein lies the potential for abuse. Los Angeles criminal defense attorneys immediately identified potential defenses for people wrongfully accused of violating the law:

• The law only applies if the pictures were made by someone else. If a woman takes a nude photo of herself and sends it to a man, that man cannot be prosecuted under Section 647 if he subsequently posts the picture.
• Prosecutors must prove the intent to cause emotional distress, as opposed to the intent to annoy or embarrass.

At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.