July 12, 2017


If you keep up with trending topics on social media, you are probably aware of the drama that unfolded between Rob Kardashian and Blac Chyna and Instagram and Twitter. Recently, Kardashian allegedly took to his Instagram account to share private nude photos of Blac Chyna, whose real name is Angela Renée White.

Kardashian was reportedly set off by a video Blac Chyna had sent him showing her kissing another man. According to reports, Kardashian made several posts directed at Blac Chyna, making several claims about their relationship and posting three nude images of her. When his Instagram account was suspended, he reportedly made similar posts on Twitter.

According to lawyers representing Blac Chyna, she could pursue legal action against Kardashian. Does that mean Rob could face criminal charges for violating California revenge porn laws?

Revenge Porn Laws in California (SB 255)

California officially passed “revenge porn” laws when Governor Jerry Brown signed Senate Bill 255 into law in 2013. The law added a new section to California Penal Code Section 647, making revenge porn a crime.

Under the law, you could be convicted of revenge porn if you:

  • Have 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 distribute that image by any means,
  • Understood that the image would remain private between you and the person in the image,
  • Know that distributing the image could cause the person in the image serious emotional distress, and
  • Cause the person in the image to suffer serious emotional distress

A violation of California revenge porn laws carries harsh penalties. First-time offenders convicted of this crime face up to six months in county jail and a fine of up to $1,000. If you commit a second or subsequent offense or if the victim was a minor at the time the photo was taken, you face up to 364 days in jail and fines of up to $2,000.

Could Rob Kardashian Face Revenge Porn Charges? (PC 647)

Many people have been quick to point out that Kardashian violated California revenge porn laws by posting nude images of Blac Chyna without her consent. However, the law is much more complicated than simply posting the images. In order to be convicted, Kardashian’s incident must meet the five elements of the crime mentioned above.

Although most of the elements of this crime are clear cut, the one that is not is the fact that posting the image(s) must have caused the alleged victim to suffer emotional distress. Did Blac Chyna suffer emotional distress by having these photos posted? If Kardashian is accused of this crime, his criminal defense lawyers could argue that the images he posted (and were later removed) did not cause Blac Chyna emotional distress.

One way an attorney would be able to show that posting the images did not cause Blac Chyna to suffer emotional distress is by pointing out her history of willingly posing for, taking, and sharing explicit photos that are readily available online for the world to see. Additionally, Blac Chyna liked the posts on Instagram, which could hurt any argument that the images caused her emotional distress.

An argument can be made that Kardashian was intending to cause emotional distress to Blac Chyna because of the text he posted along with the images. However, the law says nothing about the text of the images, so that point could be moot from a legal prospective.

Charged with Revenge Porn? Call Wallin & Klarich Today

If you are charged with revenge porn in California, you should contact an experienced criminal defense attorney who has experience defending people accused of this crime. This is a relatively new crime, so you will need an attorney who has experience handling cases like this along with a history of defending clients in sex crime cases.

At Wallin & Klarich, our skilled and knowledgeable criminal defense lawyers have been successfully defending clients accused of sex crimes for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, our skilled attorneys are available to help you no matter where you work or live.

Call our offices now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

Contact Us Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.