California has a revenge porn statute, and San Diego, CA, prosecutors can file charges under this law. Cases may start with a report from an ex-partner, which means the police heard one version of events before you knew there was an investigation at all. A conviction can carry jail time, a criminal record that shows up on background checks long after the case ends, and other collateral consequences.
If you have been arrested or contacted by police about this type of situation and allegations, it’s important to speak with a lawyer before you give a statement. What you say early on in a criminal case in San Diego, California, can affect all aspects of it as well as the outcome. Reach out to Blair Defense Criminal Lawyers at (619) 357-4977 today to schedule a free consultation with a San Diego revenge porn lawyer.
Why Hire Blair Defense Criminal Lawyers if You’re Arrested for Revenge Porn?
Revenge porn cases in San Diego, CA, are built on digital evidence, and digital evidence needs to be examined, not accepted at face value. Blair Defense Criminal Lawyers looks at how the images were actually obtained and distributed, what the messages around them really show, and whether the prosecution can prove intent, which the statute requires.
Some of the benefits of hiring our San Diego sex crimes lawyers include:
- More than 15 years of criminal defense experience
- Thousands of clients defended
- Recognition from Super Lawyers, National Trial Lawyers Top 100, and Top 40 Under 40 Trial Attorneys
- A perfect 10 rating on Avvo
An accusation like this affects your reputation before a court ever decides the outcome of your case. Let us help you fight back. Call Blair Defense Criminal Lawyers to schedule your free consultation with a San Diego criminal defense attorney.
Overview of Revenge Porn in California
California’s revenge porn law makes it illegal to intentionally distribute certain intimate images of an identifiable person without authorization. In a typical revenge porn case involving an image that was meant to remain private, prosecutors generally must prove four things:
- The defendant intentionally distributed the image, or arranged, requested, or intentionally caused someone else to distribute it
- The image was expected to remain private, was obtained without authorization, or was taken by exceeding authorized access to the person’s accounts, messages, or files
- The accused knew or should have known that distributing it would lead to serious emotional distress for the victim
- The person shown actually suffered that distress
If any of these elements is missing, this can lead to an acquittal. Distribution covers more than posting something online. Sending an image by text, email, social media, or any other electronic means counts, and so does sharing it in person.
What Are the Penalties for Revenge Porn in San Diego, California?
A standard revenge porn conviction is a misdemeanor, which carries up to six months in county jail, a fine of up to $1,000, or both. The penalties can be increased to up to one year in jail, and a fine of up to $2,000 when the defendant has a prior revenge porn conviction or the person in the image was a minor.
What Defenses Can Be Raised if I’m Arrested for Revenge Porn?
Revenge porn charges require prosecutors to prove specific elements. A defense may focus on showing that one or more of those elements cannot be proven. Depending on the facts, possible defenses include:
- The distribution was not intentional: Accidentally forwarding an image, having an account accessed by someone else, or being in a group thread where another person shared the image may show that you did not intentionally distribute it.
- There was no expectation of privacy: If the image was already public, was openly shared by the person shown, or was not subject to an agreement or understanding that it would remain private, this element may be difficult to prove.
- There was no intent or knowledge of emotional distress: The surrounding messages, relationship between the parties, and way the image was shared may raise questions about whether you knew or should have known that distribution would cause serious emotional distress.
- The person was not identifiable: If the person cannot reasonably be identified from the image or the circumstances surrounding its distribution, the conduct may not meet the requirements of the law.
Which defense applies, and how strong it is, depends entirely on the evidence in your case. A San Diego sex crimes attorney can review the messages, the images, and the circumstances of the alleged distribution and identify where the prosecution’s case is weakest.
Schedule a Free Case Evaluation With Our San Diego Revenge Porn Lawyer
How a revenge porn case in San Diego, CA, ends often depends on the legal work done early on in the case. Preserving the full message history, identifying witnesses, and challenging weak digital evidence are all easier when the case is investigated properly from the start, which makes it important to reach out to a lawyer as soon as possible.
An attorney can also negotiate with prosecutors before charges are formally filed, which in some cases changes what gets filed at all. If you are under investigation or already facing charges, contact Blair Defense Criminal Lawyers for a confidential consultation with a San Diego revenge porn attorney.
