What is Revenge Porn? (PC 647(j)(4))

You are probably familiar with the term “revenge porn.” Laws making revenge porn illegal in California went into effect in 2014 and they came to greater prominence after an incident involving celebrities Rob Kardashian and Blac Chyna in 2017.

Although you may have heard the phrase “revenge porn” before, you may not know exactly what the term means. Let’s take a closer look at the definition of revenge porn under California Penal Code Section 647(j)(4).

What is “revenge porn?”

When you think of “revenge porn,” you probably think of a person sending nude pictures of his or her ex-significant other in order to get back at that person after a breakup. However, there is much more to it under the law.

In order for you to be convicted of revenge porn under PC 647(j)(4), one element that the prosecution must prove is that you have an image of the intimate body part of another identifiable person or an image portraying that person engaging in a sexual act. The law defines an intimate body part as:

• Any portion of the genitalia or
• Any portion of the breasts below the top of the areola

To be convicted of revenge porn, the intimate body part(s) must be visible through clothing which is less than opaque.

Another important word used in PC 647(j)(4) that you should consider is “identifiable.” The alleged victim in the images must be identifiable. If the image(s) contains the alleged victim’s face, that is the easiest way to identify him or her, but not the only way. Tattoos, body scars or birthmarks, or items in the background of the image could all identify a person even if his or her face is not visible.

While these elements of revenge porn are based upon the image itself, there are additional elements that must be proven in order to convict you of this crime.

The elements of a revenge porn crime

The prosecution also must show that:

• There was an understanding between you and the alleged victim that the image(s) would remain private (which is typically implied if you were in a dating relationship)
• You intentionally distributed the image(s)
• You did so knowing that distributing the image(s) could cause the alleged victim to suffer emotional distress; and
• You actually caused the alleged victim to suffer emotional distress

If you are convicted of distributing revenge porn under PC 647(j)(4), you face up to six months in county jail and a fine up to $1,000.

You face serious consequences if you are accused of revenge porn, and you should not face these charges without the help of an experienced sex crimes defense attorney.

Contact the Revenge Porn Defense Attorneys at Wallin & Klarich Today

If you or a loved one is accused of violating California revenge porn laws, it is important that you speak with an experienced sex crimes defense attorney immediately. At Wallin & Klarich, our skilled and knowledgeable attorneys have more than 35 years of experience successfully defending clients facing sex crime charges. Let us help you now.

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

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.