Do You Need the Help of a Skilled Revenge Porn Lawyer?
Revenge porn is a complicated area of law that requires the help of an experienced revenge porn lawyer to fully understand. If you are accused of this crime, you face severe penalties that may impact you for the rest of your life. These matters should not be taken lightly.
Our lawyers at Wallin & Klarich can help you now. For more than 35 years, our skilled and knowledgeable criminal defense lawyers have been successfully defending clients facing serious sex crime charges. Our experienced revenge porn lawyers can help you navigate the complex legal process now.
Do not let this accusation destroy your life. Read below for more information on California revenge porn laws or call our revenge porn lawyers at (877) 466-5245 for free, immediate advice.
Why Hire Wallin & Klarich?
The success of our revenge porn defense law firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
Our experienced criminal defense lawyers at Wallin & Klarich have been helping clients like you obtain the best possible results in their cases for more than 35 years. Here are some testimonials provided by just a few of our clients who were facing revenge porn charges:
“I had never heard of the term “revenge porn” until the moment I was arrested and found out I was being charged with a crime. I did not know where to turn after this horrifying moment, and then I found Wallin & Klarich on the internet and called them. I was immediately happy with my decision. The revenge porn lawyers at Wallin & Klarich helped me through this incredibly challenging time and kept me up to date every step of the way. In the end, I received an incredible victory in my case. Thank you, Wallin & Klarich!”
-R.A.
“I cannot thank the revenge porn lawyers at Wallin & Klarich enough for the help they provided me in my case. I thought I was going to jail, but I was able to keep my job and my freedom thanks to the hard work of my Wallin & Klarich defense team. I would recommend anyone hire these lawyers if you are facing criminal charges!”
-B.G.
Call the Revenge Porn Lawyers at Wallin & Klarich Today
If you or someone you love is facing revenge porn charges, you should not hesitate to contact our experienced lawyers at Wallin & Klarich. Our criminal defense law firm is committed to aggressively defending your rights and your freedom. Call our office now for immediate help on your case.
For more information on California revenge porn laws, read below or call our skilled revenge porn lawyers at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation.
What is Revenge Porn in California?
“Revenge porn” is a phrase that describes the action of sharing explicit images of someone, either by posting them publicly online or sending them through other means of communication, with the intent to cause emotional harm to the person in the images.
The act of sharing revenge porn became so widespread in California that Governor Jerry Brown signed a law in 2013 to classify acts involving revenge porn as crimes. California revenge porn laws officially took effect Jan. 1, 2014.
Under California Penal Code Section 647(j)(4), you commit the crime of revenge porn if you distribute images or recordings that show the “intimate body parts” of an identifiable person with the intent to cause that person serious emotional distress. In addition, the prosecution must prove the following elements are true in order to convict you under California revenge porn laws:
- There was an understanding between you and the person depicted in the images that the images would remain private, and
- The person actually suffered serious emotional distress as a result of you distributing the images
If you are accused of this crime, you face severe penalties. You should seek the help of an experienced revenge porn lawyer who can defend you against these charges.
Consequences of a Revenge Porn Conviction
Revenge porn is prosecuted under PC 647(j)(4). A revenge porn conviction carries harsh consequences. The exact penalties you face will depend upon the specific circumstances of your case.
A first time conviction for violating California revenge porn laws carries up to six months in county jail and fines of up to $1,000.
If it is your second or subsequent offense or if the alleged victim was a minor at the time of the offense, the penalties you face for revenge porn are more severe. Under PC 647(j)(4), you face up to 364 days in county jail and fines of up to $2,000.
It is important to note that revenge porn laws are very complex, and you cannot face these consequences unless you are convicted of the crime under PC 647(j)(4). That is why you should speak to a skilled revenge porn lawyer to discuss how he or she can help you win your case.
How Revenge Porn Charges are Prosecuted (PC 647(j)(4))
Revenge porn cases may seem straightforward, but they are actually very complicated. In order to convict you of violating revenge porn laws under PC 647(j)(4), the prosecution must prove each of the following elements:
- You have an image of an intimate body part of another identifiable person, or an image of that person engaging in sexual intercourse, sodomy, oral copulation or masturbation
- You intentionally distributed that image by any means (electronic or otherwise)
- There was an understanding between you and the person depicted in the image(s) that the image would remain private between you two only
- You knew that distributing the image(s) could cause the person in the image(s) to suffer serious emotional distress, AND
- Your actions actually did cause the person in the image(s) to suffer serious emotional distress
To better comprehend the elements of this crime, you must understand what some of the terms used to prosecute revenge porn offenses mean.
“Intimate body parts” refers to any part of the genitalia or breasts below the top of the areola. To convict you of violating revenge porn laws, the intimate body part does not have to be completely exposed, according to the law. It states that images of intimate body parts that are visible through clothing which is less than opaque are enough to convict of you revenge porn.
Another important aspect regarding the elements of this crime is the requirement for the person in the image to be “identifiable.” If you cannot tell who the person is in the image, you may not be convicted of this crime.
How a Revenge Porn Lawyer Can Defend You
Our experienced revenge porn lawyers have a deep understanding of California revenge porn laws and know the valid legal defenses to these charges. Contact our sex crimes law firm today so that we can discuss your case and determine which legal defenses apply to your case.
Some legal defenses that our knowledgeable revenge porn attorneys have used to successfully defend clients accused of violating revenge porn laws include:
- You did not intentionally distribute the image – In order to convict you of revenge porn under PC 647(j)(4), the prosecution must prove that you intentionally distributed the image(s) in question. Our revenge porn lawyers may be able to argue that you shared the image mistakenly.
- The person in the images is not identifiable – If the image(s) in question does not reveal who is depicted in the image(s), you cannot be convicted of this crime. For example, if you crop an image before you share it to remove all identifying features of the person in the photo, you should not be convicted of revenge porn. However, be aware that someone’s face is not the only identifying feature. A person could be identified in an image by tattoos, birthmarks and even personal items found in the background of the image(s).
- Your intent was not to cause emotional distress –Your revenge porn lawyer may be able to argue that your motivation for sharing the image(s) was not to cause emotional distress to the alleged victim.
- Your act did not cause the alleged victim to suffer emotional distress – Emotional distress is difficult for the prosecution to prove. Essentially, it will come down to the word of the alleged victim. Therefore, your revenge porn lawyer may be able to show that the alleged victim has not shown signs of suffering emotional distress as a result of the images being shared.
Contact an experienced revenge porn lawyer at Wallin & Klarich to find out if any of these legal defenses is available to you in your case.
Frequently Asked Questions Regarding Revenge Porn
Our revenge porn lawyers are asked many questions regarding revenge porn laws in California. Here are some of the most common questions our sex crimes lawyers receive along with the answer to those questions:
1. Can I be convicted under revenge porn laws if my motivation was not to get “revenge?”
“Revenge porn” does not always have to involve an act of revenge. This law is labeled as “revenge porn” because cases often involve a person sharing photos of an ex-significant other as a method to seek revenge for breaking up with him or her.
In reality, you don’t have to have known the person in the image(s) in order to be convicted of this crime. However, you must have known that the person in the images would suffer emotional distress by you sharing the images.
2. Can I be charged with revenge porn if I deleted the image?
There is no time requirement when it comes to revenge porn. If you posted the image, you could be charged with this crime regardless if you took the image down soon after posting it.
However, the fact that you deleted the image from where it was posted could help show that you did not intend to post it or that you did not intend to cause the person in the images emotional distress.
3. What if I shared a nude image of my girlfriend by accident?
These days, it is common to send nude or explicit images between significant others. Thus, it isn’t hard to imagine a scenario in which you accidentally shared a photo that was saved on your phone. Let’s say you were going to share a family photo that happened to be right next to an explicit image of your girlfriend in your camera roll. You accidentally clicked on the wrong image and sent it to several family members.
If you did not intend to share the image, your revenge porn lawyer may have a valid legal defense to revenge porn charges.
4. My girlfriend loves posting pictures of herself in a bikini. Why should I face criminal charges for sharing similar photos?
This scenario is where revenge porn laws become highly complex. On one hand, the image(s) you shared could be considered “revenge porn” because there was an understanding between you and your girlfriend that the images would remain private between the two of you. On the other hand, your revenge porn lawyer may be able to use the fact that your significant other has willingly posed for and shared explicit images online as a weapon in your defense.
An experienced revenge porn lawyer may introduce your girlfriend’s own images as evidence to supplement the legal argument that she did not suffer emotional distress based on your act of sharing the images.
5. What if I’m in the image as well?
You violate revenge porn laws by sharing an image of someone without his or her consent. It does not matter if you or anyone else appears in the image alongside the alleged victim. As long as one person in the photo expected the image to remain private and did not consent to you distributing it, you could be charged with a crime under California revenge porn laws.
Where Can I Find an Experienced Revenge Porn Lawyer Near Me?
You face serious criminal consequences if you are accused of violating California revenge porn laws. That is why you should contact an experienced revenge porn lawyer immediately if you or someone you love has been accused of a revenge porn crime.
At Wallin & Klarich, our experienced criminal defense lawyers have more than 35 years of experience successfully defending clients facing serious sex crime charges, including violations of revenge porn laws. We’ve helped thousands of people in their time of legal need, and we can help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich revenge porn lawyer available to near you no matter where you work or live.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.