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April 16, 2021

Revenge Porn?….Bad Idea

Meet John Doe. John has an excellent career, a beautiful girlfriend, and is living his best life. One day, John and his girlfriend get into a horrible argument and she breaks up with him. John is devastated. As he cycles through the several stages of grief, he gets to the anger stage and remembers some nude photos he took of his girlfriend when they were on vacation in Cancun, then somehow, all their mutual friends receive the nude photos.

Congratulations John, you may have now committed a crime.

Under California Penal Code § 647(j)(4)(A), California has made it a crime to post or electronically distribute a digital image of another person in order to harass, cause fear in, or lead to injury of that person.

What A Prosecutor Needs for Conviction          

   To convict John of these “Revenge Porn” allegations, the prosecutor must prove beyond a reasonable doubt that:

  • he intentionally distributed the nude photos.
  • John and his girlfriend understood that the photos were to remain private.
  • John should have known or knew that sending the photos would cause serious emotional distress, and
  •  His girlfriend in fact did suffer serious emotional distress.

Wallin & Klarich has defended many clients facing violations of Penal Code Section 647(j)(4)(A) with facts very similar to those we have outlined above. In many of our successful defenses to these charges, we have been able to show that at least one of the four elements of the crime could not be proven. In those cases, the criminal charges against our clients were dismissed. Sex Crimes Defense Attorney Revenge Porn Wallin & Klarich Orange County

Defending a “revenge porn” case can be complicated for many reasons. If you or a loved one is facing such charges, you need a law firm with the experience of Wallin and Klarich fighting for your innocence. If convicted of this crime you could be facing a substantial jail sentence, probation, and a fine. 

Contact the Attorneys at Wallin & Klarich to Learn More

If you are charged with “Revenge Porn” your freedom and reputation may depend on choosing an experienced law firm to help you. . Wallin & Klarich has been successfully defending people accused of crimes such as this for over 38 years. Contact us today for a free, no-obligation consultation, and let us help you, too.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.

Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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