Los Angeles Revenge Porn Defense Attorneys

Charged With Illegally Distributing Explicit Material?

Revenge porn: it’s a new crime that has been heavily prosecuted in the state of California over the past years. If you are accused of distributing someone else’s explicit materials, including sex tapes, nude photos, and other private materials, it can result in significant criminal charges and impact both your relationships and career prospects.

If you or someone you love has been charged with distributing revenge porn, then you need to work with the legal team at Werksman Jackson & Quinn LLP. Our Los Angeles revenge porn defense attorneys can go over your charges in a free, confidential consultation and explain how to prepare a defense for you. We offer a full team of expert lawyers. Call us at (213) 688-0460 today.

What Is the Definition of Revenge Porn?

“Revenge porn” is a broad term for when someone illegally distributes explicit material featuring another person. It officially became a crime in California in 2014. Under California Penal Code § 647(j)(4), you can be charged with distributing revenge porn if:

• You possessed an image or video featuring another identifiable person’s intimate body parts or another identifiable person engaging in a sexual act;
• You distributed that material, requested another individual distribute it, or gave it to another individual to distribute it;
• The depicted person believed that the image would remain private;
• You knew, or reasonably should have known, that distributing the image would inflict emotional distress upon the depicted person; and
• The depicted person suffered emotional distress.

Creating said explicit material, pornography, or other sexual content is legal so long as both parties involved consent to the sexual act and the distribution of said material. In the context of PC 647(j)(4), even if one individual wishes to distribute the material, it is illegal to do so unless all depicted parties agree to distribute it. Distribution can include selling the footage to a distribution company, posting it online, or making physical copies and giving them to other people.

During a criminal trial for revenge porn, the prosecution must show that the material in question depicted the victim in an identifiable manner. Essentially, if the footage is shown to a third party and that third party can identify those involved in the sexual act, then the victim is identifiable. In addition, the prosecution must also demonstrate that the distribution of said material would cause emotional distress to the victim. Emotional distress can include damage to a victim’s reputation, career, and relationships, as well as the victim’s mental health.

What Are Penalties for Revenge Porn?

Revenge porn is treated as a misdemeanor in most cases and, for a first offense, it can lead to:

• Up to six months in county jail;
• A maximum fine of $1,000; and/or
• Summary probation.

This charge can be elevated if the defendant has a prior revenge porn conviction on their record, resulting in up to a year in county jail and a maximum fine of $2,000. However, this charge can be elevated to child pornography if the depicted individual was a minor at the time of the video or photo’s production. Simply possessing child pornography can result in either misdemeanor or felony charges, with felony charges leading to up to eight years in state prison and/or a $100,000 fine. There is further prison time for producing or distributing child pornography.

Defending Your Future

The laws surrounding revenge porn are complex, and it can be challenging for defendants to understand their rights during a trial. At Werksman Jackson & Quinn LLP, our team has decades of experience standing up for clients in criminal courts and can advocate for your freedom by showing that:

• You did not distribute explicit material.
• You had the consent of the depicted party to distribute explicit material.
• You had no intention of causing emotional distress.
• The depicted party did not suffer emotional distress.
• Another individual distributed the material.
• There is not enough evidence to show that you distributed the material.
• Evidence was collected in an illegal search and seizure.

Get a Free Confidential Consultation With a Top LA Sex Crime Lawyer

If you or someone you love has been charged with distributing revenge porn, we encourage you to reach out to the Los Angeles sex crime defense attorneys at Werksman Jackson & Quinn LLP. We have experience defending clients in challenging sex-crime cases and understand how to protect our clients’ rights during the criminal process. Partners Mark Werksman and Alan Jackson are former prosecutors who understand exactly how these cases are tried – and won. Call us at (213) 688-0460 to discuss your case in a free confidential consultation.