Revenge Porn Laws: Is the Person in the Images Identifiable? PC 647(j)(4)
“Revenge porn” is the concept of publishing nude or explicit images of your ex-significant other as a form of revenge against that person because he or she broke up with you. This has become so common that California passed revenge porn laws.
Under California Penal Code Section 647(j)(4), revenge porn is a crime punishable by up to six months in county jail and a $1,000 fine. In order to be convicted under California revenge porn laws, the prosecution must prove that you:
- Had an image of the intimate body part of another identifiable person, or an image of that person engaging in sexual intercourse, sodomy, oral copulation or masturbation,
- Intentionally distributed that image by any means (electronic or otherwise),
- Had an understanding with the person depicted in the image(s) that the image would remain private between you two,
- Knew that distributing the image(s) could cause the person in the image to suffer serious emotional distress, and
- Caused the person in the image(s) to suffer serious emotional distress
One part of this law that is easy to overlook is the word “identifiable.” This one word could make a huge difference in your case if you are accused of distributing revenge porn.
Is the Alleged Victim Identifiable?
To be convicted of distributing revenge porn, the prosecution has to prove beyond a reasonable doubt that you had an image of the imitate body part of another “identifiable person.” So, if the image in question is cropped or blurred out in order to hide the face or identity of the person in the image, your attorney could have a valid legal defense to PC 647(j)(4) charges.
However, it is important to note that a person’s face is not the only way to identify him or her in a photograph or video. Tattoos, birthmarks, jewelry and articles of clothing can be used to identify a person. Similarly, the background of the image is important. There may be unique items in the image that can be identified, such as unique decorations or artwork, family photos or other distinctive property.
Therefore, you could be convicted of this crime if the image was cropped to hide the victim’s face. The safest way to avoid facing revenge porn charges is to keep all nude or sexually explicit images to yourself. Sharing these images on social media, in email chains or through text messages could lead to you facing serious criminal charges.
Contact the Revenge Porn Lawyers at Wallin & Klarich Today
California revenge porn laws are relatively new and extremely complex. That is why you need to find a lawyer who has vast experience handling these types of crimes and sex crimes in general. At Wallin & Klarich, our skilled criminal defense lawyers have been successfully defending our clients facing serious sex crime charges for more than 40 years. Our lawyers have a deep understanding of California revenge porn laws under PC 647(j)(4), and we can help you achieve the best possible outcome in your case.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich revenge porn attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
