Discussing Criminal Attorney Services

Understanding The Crime Of Revenge Porn

2 November 2017

Joshua Alexander

You have probably heard of revenge porn, but how much do you know about the criminal laws that govern it? Just like other sexual crimes, revenge porn cases attract considerable publicity, which means the officials tasked with handling them are under enormous pressure to deal with the offender. Unfortunately, this means that suspects accused of revenge porn may be punished more than they deserve. This is why it's important to learn as much about revenge porn as possible.

What It Is

Revenge porn is defined simply as the intentional distribution of pornographic materials without the subject's consent. For example, when you post your former lover's nude pictures online without their permission, it is considered revenge porn.

What It Is Not

The inclusion of the term "revenge" in revenge porn is misleading. It gives the impression that revenge porn laws only apply when the distribution of pornographic materials is done as revenge or in retaliation for some perceived wrong. In practice, you can be charged and convicted of revenge porn irrespective of your reasons for distributing the pornographic material. All that matters is that you distributed the said materials without their owner's consent.

What Is Considered Pornographic

In the context of revenge porn laws, the distributed material must be expressly sexual in nature for it to be considered pornographic. The exact definition of what is sexual or what is not is contained in each state's revenge porn laws (for states that have enacted these laws). Generally, however, a material will be considered sexual (and, therefore, pornographic) if it depicts the person's genitals, anus, or female breast(s). Materials that portray the victims in a sexual act are also included in the description.

The Punishment

As is usual with criminal charges, the punishment for revenge porn depends on the severity of the charges, state laws, as well as the subsequent actions of the perpetrator. That being said, here are some of the punishments you are likely to face if you are convicted of revenge porn:

• You will be ordered not to distribute further pornographic materials
• You will be ordered to take down the pornographic materials you have already published
• You may be ordered to pay the victim for losses associated with the publication of their sexual images

Targeting someone with revenge porn is not only illegal, but it can damage the victim's reputation and psychological well-being; it is something you should never do. If you are facing revenge porn charges, however, you deserve to defend yourself just like any other criminal suspect. Consult a criminal defense lawyer to help you mount your defense.

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