Revenge Porn Laws

Normally, Revenge porn sites feature both nude and sexual photographs of individuals, especially women, posted by their ex-lovers or ex-spouses. Several sites host these images. Numerous sites comprise identifying information of an individual including the person’s official name, hometown, and employer, as well as links to the victim’s social media pages, plus offensive commentaries. Despite the numerous shutdowns of such sites over the years, new revenge porn sites pop up every day, making it difficult to completely get rid of these sites. Any content that is extensively distributed on the Internet is hard to take out. This, therefore, implies that even if the victim manages to get the photos removed from one particular site, it may be impossible to permanently get them off the Internet given that other websites can have easy access to the images.

Congressman Jackie Speier, in July 2016, proposed a federal law to criminalized nonconsensual pornography in the United States. The bill, the Intimate Privacy Protection Act of 2016 (IPPA), would then make it a criminal offense to post or spread images or photographs of another person without their permission. The bill is not only a bipartisan effort but also, several Republican members of Congress cosponsored it. Under the IPPA, victims of nonconsensual pornography in those states were provided an avenue to address suspected revenge porn action. Moreover, the federal law would give law enforcement the necessary support of federal authorities required in tracking down revenge porn activities in several states in navigating numerous websites and online sources of nonconsensual pornography.

While a majority of the state revenge porn laws require evidence that the images or videos be spread with any kind of intention to harass or hurt the victim, the proposed federal revenge porn law would penalize the simplest act of spreading the media with reckless disregard for the depicted person’s lack of consent to the circulation. However, the lack of requiring evidence of explicit criminal intent might expose the law to a constitutional challenge.

The IPPA makes it a federal crime for any person to meaningfully use electronic communication system, interactive computer system, the mail, or any other means of interstate commerce to spread a visual representation of an individual in which the offender:

• Had a photograph or video showing another identifiable person’s intimate body part, or an image of that person engaging in an oral copulation, sexual intercourse, masturbation, or sodomy,
• Deliberately distributed the photo or video using electronic means or any other probable means,
• Had an understanding with the individual whose photograph is involved that the content would remain within their confines,
• Knew or should have reasonably known that distributing the sexual content could cause the person in the photograph or video to suffer emotional distress
• The action of distribution actually caused the other person in the photograph or video emotional harm.

The term “identifiable” is very important given that it could make an enormous difference in your entire case if you’re charged with the distribution of nonconsensual porn. To most people, it is easy to overlook this part of the law.

In order for you to be convicted of revenge porn, it is upon the prosecutor to demonstrate beyond reasonable doubt that you had photos or videos representing an imitate body part of another identifiable individual. Your lawyer could have a legal defense revenge porn charges if the photo in question was blurred out or cropped to conceal the identity of the individual in the photograph.

Nevertheless, it is imperative to keep in mind that an individual’s face is not the only means of identifying him or her in an image or video. Other aspects can be considered when identifying a person including, birthmarks, jewelry, tattoos, and articles of clothing. Likewise, the background of the photo plays a key role in the identification process. The image may have unique things that can be recognized, for instance, family photos or distinctive property, unique artwork or decorations.

This means that it is possible to be sentenced of revenge porn even if the image was blurred or cropped to conceal the victim’s face. The best way to evade facing consensual pornography charges is to make sure that you keep all sexually explicit images to yourself. Distributing this photos on email chains, social media platforms, or through text messages could expose you to severe criminal charges.

Another important component of the crime necessitates that the circulation of the image or video was done with reckless disregard the other person’s lack of consent. In other words, the person posting the image either acted carelessly without caring for whether the individual in the image agreed to the distribution or they actually knew that the victim did not consent to the distribution of the photo or video but went ahead doing it anyway.

Just like other nonconsensual porn laws, the bill has a vital feature that indicates that even if the individual portrayed agreed to the original taking of the image, that is, being videotaped or photographed, that does not in any way mean that he or she will be all right with the distribution of the image or video. These proposed laws prohibit both the intentional “shaming” of another individual and the “reckless” circulation of videos or images by those who re-post for financial gain or other malicious reasons.

Here are definitions of specific terms in the statute as provided by the IPPA:

According to IPPA, the term “visual depiction” denotes any film, photograph, or video, whether created by mechanical, electronic, or other means. The IPPA would, therefore, criminalize nonconsensual distribution of traditional and digital images, videos, or films.

The IPPA delineates the term sexually explicit conduct to implicate sexual intercourse, masturbation, masochistic or sadistic abuse, bestiality, oral and anal sex, and lascivious display of the pubic area or genitals.

The congressional sponsors of the IPPA introduced an element that exempts from liability internet providers and telecommunications for nonconsensual porn (NCP) circulated through their services unless they deliberately beseech or support revenge porn. It would, therefore, imply that victims of revenge porn couldn’t take legal action against Facebook, for instance, if a third party posted a nude photograph of them without their consent. The only exemption to that section of the statute applies if the depicted person could demonstrate that the said third party either sought out the image or actively endorsed the crime. There are a number of malicious sites created exclusively to reap profits as a result of serving the interests of persons who post revenge porn. Under the Intimate Privacy Protection Act of 2016 such websites are subject to its penalties if proven guilty.

Just like with most NCP laws, the IPPA is not applicable in situations where a pornographic image or video was voluntarily publicized by the individual depicted, or the person in question took part in sexually explicit conduct in a legalized commercial setup, for example, a strip club.

Being accused of or charged with revenge can have negative implications in the society. But the fact remains, you are innocent until proven guilty. A Sex Crime Attorney would be a great resource when seeking to demonstrate your innocence. A strong legal defense is necessary regardless of whether the allegations against you by a civil lawsuit plaintiff or crime victim are fabricated or not. Below are potential defenses against a revenge porn charge:

• Repudiating that releasing the material instigated damage to the victim in question
• Demonstrating that you had the effective consent of the individual depicted in the media considered to be revenge porn
• Denying that you distributed the photo or video through an Internet website or another public medium
• Demonstrating that the litigant could not have rationally believed that the content would be kept private.

Asserting that the litigant originally created or accorded the creation of the material is a common argument that is not registered as a viable defense against revenge porn charges. Similarly, stating that the victim voluntarily transferred or gave you the material(s) doesn’t in any way qualify as a legal defense against revenge porn.

In their defense, most revenge porn sites would mount Section 230 of the Communications Decency Act. This is a federal law that provides immunity to sites for any material posted by its users. The primary objective of this law is to ultimately protect a website that serves a passive conduit from being held liable for what its users post. However, in the event that the webmaster or website goes beyond being a mere conduit and takes part in the publication of the material either as a co-developer or an editor, the immunity (protection from prosecution) ceases to exist. For instance, if a site contains information that urges users to post content that would be regarded as revenge porn, then that creates a basis for a criminal lawsuit.

The Intimate Privacy Protection Act of 2016 (IPPA) provides that any person found guilty of violating the proposed statute faces a maximum of 5 years in prison, a fine, or both.

If you or someone you know has been charged with revenge porn, getting seasoned representation would be the best course of action to take. For years, the lawyers at Sex Crime Attorney have been dedicated to defense litigation for individuals accused of sex crimes nationwide. If you’re charged with revenge porn, you can rest assured that we will be with you in every step of your case. Our legal team boasts vast experience and in-depth knowledge vital to your courtroom representation. We handle each case with absolute caution given that we understand how serious and delicate revenge porn charges can be. This area of the law is prone to false accusation and it’s unfortunate that victims of false accusation of revenge porn stand to lose their standing in the community, their reputation, their current employment, and even the ability to obtain gainful employment in the future. For this reason, it’s important you confront a revenge porn charge with the strongest legal defense obtainable.