What Must the Prosecution Prove to Convict You of Revenge Porn? (PC 647(j)(4))

You could face up to six months in county jail and fines of up to $1,000 if you are convicted of violating revenge porn laws under California Penal Code Section 647(j)(4).

In order to convict you under revenge porn laws in California, the prosecution must prove all of the following elements of the crime:

• You have an image of the 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(s) would remain private between you two
• You knew that distributing the image(s) could cause the person in the image(s) to suffer serious emotional distress, and
• Your actions caused the person in the image(s) to suffer serious emotional distress

Let’s take a closer look at the elements of revenge porn violations:

You Possessed an Identifiable Image

In order to be convicted of revenge porn, you must have had an image of the intimate body parts of another identifiable person. “Intimate body parts” are defined under revenge porn laws as any portion of the genitalia as well as the breasts below the top of the areola, including body parts visible through clothing which is less than opaque.

The other important language of this element is the fact that the person must be identifiable in the image(s) in order for you to be convicted. The easiest way to identify a person is if his or her face is in the image, but that is not the only way. Tattoos, birthmarks, articles of clothing, and items in the background of the image could also identify the person.

You Intentionally Distributed the Image

To be convicted of violating California revenge porn laws, you must have intentionally distributed the image. If you sent the image to someone by accident, your skilled revenge porn attorney from Wallin & Klarich may be able to raise a valid legal defense to the charges against you.

There was an Expectation that the Images Would Remain Private

In order to be convicted under California revenge porn laws, the prosecution must prove that there was an understanding between you and the alleged victim that the image(s) would remain private. Many people expect that explicit images sent to a significant other will remain private. However, if the alleged victim gave you permission to share the image or if he or she had previously shared the image on his or her own, your skilled criminal defense lawyer may have a valid legal defense to the charges against you.

The Alleged Victim Suffered Emotional Distress

The prosecution is required to show not only that the alleged victim suffered emotional distress as a result of you distributing the image(s), but also that you knew distributing the image(s) would cause the person in the image(s) to suffer emotional distress.

This is an extremely difficult element to prove because it involves your mental state and the mental state of the alleged victim. There is unlikely to be physical evidence that shows the alleged victim suffered emotional distress. Therefore, your revenge porn lawyer may be able to argue that it was not your intent to cause the alleged victim to suffer emotional distress or that you did not realize that he/she would suffer such emotional distress.

Contact the Revenge Porn 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 to an experienced sex crimes defense attorney immediately. At Wallin & Klarich, our skilled revenge porn defense attorneys have more than 35 years of experience successfully defending our clients facing serious sex crimes 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 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.