Is "Revenge Porn" Domestic Abuse?

 Posted on October 12, 2021 in Criminal Defense

California Gov. Gavin Newsom signed a bill this month extending the time in which a victim of revenge porn can report the crime. The measure, Senate Bill 23, gives revenge porn victims a full year from when they discover the images (or would likely discover them) to report the crime. Before, state law only allowed victims to file charges a year from when the image was posted. 

State Senator Susan Rubio framed the measure as a domestic abuse issue. She described revenge porn as a tool sometimes used by domestic abusers to control their victims. She said the measure was needed so victims had “more time to seek justice” from those who violate their privacy. 

According to an analysis of the bill, California led the nation in revenge porn cases in 2013. The analysis cited a number of figures, saying 93 percent of victims suffered significant emotional distress, 51 percent had thoughts of suicide, and 49 percent said they had been stalked or harassed online by people who saw the private material. 

“Revenge porn” is described in the California Penal Code and the Domestic Violence Prevention Act. In other words, revenge porn can be domestic abuse. While domestic violence is certainly a problem in California and throughout the U.S., not every accusation of revenge porn or domestic violence is legitimate. 

What Is Revenge Porn?

Under California state law, revenge porn is when you distribute private or intimate images online without the subject’s consent. Specifically, the image has to show something like the person exposing their private parts or engaged in sexual activity. It does not matter if your partner gave consent to having their photo taken. 

According to the law, sharing explicit photographs without the subject’s consent becomes domestic abuse when the subject is a romantic partner. Revenge porn is a misdemeanor in the state of California. If convicted, you could be fined up to $1,000 and even sentenced to jail time.

Contact an Alameda County Domestic Violence Attorney

If you have been charged with publishing nude photographs online, contact a California domestic violence lawyer for help. Attorney Cory Fuller has provided legal services to his community for more than 15 years. Contact the Fuller Law Office for a free consultation today at 408-234-7563.

Sources:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB23

https://sd22.senate.ca.gov/news/2021-10-04-governor-signs-rubio-bill-protecting-victims-revenge-porn