Revenge Porn: When is it a Crime?

Revenge porn is something that is getting more and more attention in recent years. There are fine lines to cross as to what is legal and what isn’t. But, they are good lines to be aware of if this is a concern to you. If you end up on the illegal side of these things, it could be a very large toll to pay.

What is Revenge Porn?

Revenge Porn is pornographic material taken by one party and involving another. A lot of times, it is something that is consensual and between two people being intimate. What happens after is where it gets a little trickier. It goes from just material between two people to revenge porn when one party makes it available to the public without the other’s consent. This is often on a website that exists just for these purposes. However, where it is seen isn’t as important as the fact that it is pornographic material and one party did not consent. The most common circumstance tends to be two people who are in a relationship and consent to have a video or image taken. These are to be sexual and made under the trust that they will remain private. But, once the relationship is over, there may be some hard feelings and one party may feel like exacting revenge. Posting this material on a website, for all to see, is how they go about that.

Is it Legal?

This depends on the state it happens in. There are thirty-eight states which have revenge porn laws, in addition to the District of Columbia. Those states dictate that releasing explicit material of someone without their consent and for the intent of harm is illegal. However, different states express this notion differently. The bulk of it is that there is nothing wrong with receiving images or videos of that nature, as long as the person pictured is not a minor. You cross the line in sharing them. After that, there is little room to argue that the intent wasn’t malicious.  There has to be shown expressed consent for the sharing of these items if you are even going to show them to someone. In states without revenge porn laws, these cases are seen in court as an invasion of privacy. Proof that regardless of whether you obtained them with permission and even enthusiasm, the act of sharing them is what makes it illegal.

Sentencing

The punishment for revenge porn depends on the case. There are many factors to take into consideration, but here are a few things to think about. Even a conviction of privacy violation could have a significant sentence. There could be up to a year jail time and some fines if you are found guilty and some years of probation. You will also have to pay fees that pertain to your probation and court visits. However, if you are found to have been contributing to a website of that nature, the consequences could be much more significant. A man was recently tried for running such a site and was convicted. He is serving eighteen years in prison. A man will serve up to nine years in Washington, D.C. for revenge porn. Being one of the states that have this law, the conviction was heftier.

Attorneys

If you have questions about revenge porn, you should speak with an attorney. They can guide you best on navigating the laws where you live. Your lawyer will be able to tell you if your state has a revenge porn law and what it stipulates. They will let you know about how your case could play out. You will want to make sure that you are honest and give as much detail as possible. They will ask you questions, but you never know what small detail might make the difference in your case. An attorney is essential in these times, so make sure that you have one who is knowledgeable in this field. These laws can be tricky so speaking with an experienced Internet Sex Crimes Lawyer is essential.

Revenge porn is never ok. Taking and keeping photos is something that should be between the people in the pictures.  However, we don’t always realize when we are crossing a line into something much more severe than we intend. It is easy to make a mistake and far easier to make one that will get you in trouble. Something like revenge porn can quickly go from two people having fun to a court case with a lot of media attention. It isn’t something you should take lightly, so think carefully about what your attorney tells you to do. They have more experience than you in these legal matters. Their advice will go a long way in keeping your case where you want it. In the meantime, you can read more about revenge porn here.