Orange County Revenge Porn Defense Attorney

Strong Legal Representation When You Need It

With the boom of the internet, cell phones, and personal cameras, anyone and everyone can share personal media online in a matter of seconds. But just as it’s easy to share a selfie on Facebook, it is very easy for someone to share explicit or pornographic content online. Almost every few months, there is a major story about a celebrity’s sex tape or nudes being posted online without their permission, but this can also involve everyday people. The issue, under California law, comes down to consent. If an individual leaks explicit photos or videos of someone else without the person’s permission, then it is a violation of California’s revenge porn laws.

These cases can be incredibly complicated, as they involve a mixture of both sex crimes and internet crimes. If you have been charged with sharing someone else’s explicit images or videos, then you should immediately contact an OC revenge porn defense attorney at Law Office of Michael L. Guisti. Our founding attorney is a member of the Nation’s Top Attorneys and can provide in-depth knowledge about your defense strategy. To speak to our team in a free consultation, call our office at (714) 530-9690 or toll-free at (888) 478-8999.

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California Laws on Revenge Porn

California first started prosecuting individuals in 2013 when the state’s official “Revenge Porn law” went into effect under California Penal Code Section 647(J)(4) PC. Simply put, this law makes it illegal to “intentionally” share photos or videos of someone else’s “intimate body part or parts,” or of another individual involved in a sexual act that was presumed to be private. This differs from traditional forms of pornography where both the subject and the distributor agree that it will be distributed for others to view. In addition, the offender must also have shared the photos or videos with the knowledge that it would cause “serious emotional distress” and that the alleged victim did suffer distress.

In order to be prosecuted under this law, the prosecution must show that:

• You possessed photos or videos of someone else’s intimate body parts or of someone else performing a sexual act;
• You intentionally shared that content with others;
• You and the alleged victim believed that the content would remain private;
• You knew or should have known that sharing that content would cause the alleged victim emotional distress; and
• The alleged victim suffered emotional distress due to your actions.

You can only be charged with revenge porn if the prosecution can prove all of these elements beyond a reasonable doubt. However, the broad nature of these laws means that they can overlap with several other sex crimes and internet crimes. For example, if the victim also accuses you of illegally accessing their computer, cell phone, or cloud services to download explicit images or videos, you can also face hacking charges. In addition, if the victim is under the age of 18, you can face a more serious charge of distribution of child pornography, which may require you to register as a sex offender. On its own, revenge porn is a very serious charge, but it can be heavily enhanced by other crimes.

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Penalties for Sharing Explicit Material

Despite the complexities of California’s laws, revenge porn is almost always charged as a misdemeanor, but you should still take these charges seriously. If you are convicted of distributing revenge porn, then you can face:

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

However, if this your second offense, the courts can punish you with:

• Up to 364 days in a county jail;
• A fine of up to $2,000; and/or
• Summary probation.

On its own, revenge porn will not lead to you having to register as a sex offender unless the victim was a minor. Generally, an Orange County court will sentence you to probation with a proper defense, and your charges can be expunged after you fulfill all of your sentencing requirements. However, it is also possible for these charges to be dropped altogether if you work with an experienced defense attorney.

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Building a Defense Strategy

Remember, the burden of proof is on the prosecution, and they have already begun building an airtight case against you. If you contact Law Office of Michael L. Guisti, we can launch our own in-depth investigation into the circumstances of your arrest and fight to have your charges reduced or dropped altogether. While every case is different, common defense strategies against revenge porn charges include:

• You did not intend to distribute the photos or videos, and they were accidentally released.
• The victim’s personal devices were hacked by someone else.
• Your personal devices were hacked by someone else to access the photos or videos.
• The victim consented to the distribution of the photos or videos.
• The person in the photos or videos is not easily identifiable as the victim.
• You had no intent to cause emotional distress.
• The victim did not suffer emotional distress.

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Contact Law Office of Michael L. Guisti Today

The term “revenge porn” brings to mind a massive spotlight being placed on your case. You are likely feeling afraid, stressed, and worried about your future. But always remember that you have a right to an attorney and should not hesitate to use it by contacting an Orange County criminal defense lawyer at Law Office of Michael L. Guisti. We can provide swift and strong representation throughout your trial to ensure you get the best defense possible. Do not give up hope. Call our office at (714) 530-9690 or toll-free at (888) 478-8999 to secure the defense you need.

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