Revenge Porn Laws

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Nonconsenual Pornography – Revenge Porn – What is it?

Photos, video, and other media depictions of you that were taken or created without your knowledge or expressed permission to share are examples of non-consensual pornography. This type of image sharing is oftentimes referred to as revenge porn due to the retaliatory nature of the action of sharing such an image with others without someone knowing. Threatening to post something of this nature or to use blackmail or extortion can also fall under the same umbrella issue.

Whether a nude picture has been taken without your consent, or an image that you shared of yourself with someone you trusted is shared further than you intended, you have options and steps that you can take. The first steps that you can take are to request that the images are taken down from the platform that they are being listed on. The Federal Trade Commission recommends that you initiate these requests as soon as you are made aware. Usually this is done by contacting the platform that they are being distributed on. Certain websites and applications, such as Facebook, Twitter, Instagram, Snapchat, Reddit, Tumblr, Google, Yahoo, and Bing have ways that you can report that an image and request that they take it down for abuse. Other sites may be harder to report to, however will be a way to contact the site owner and request that they take down the content that you do not want them sharing.

In most states, as in California, if you have taken the photographs yourself that are being shared, you hold the copyright. You can take legal action and register ownership of them, which then gives you a right to seek judgement against the other party sharing the content with common federal copyright laws.

  • States & D.C. & Territories of the U.S. w/ Laws Protecting Against Revenge Porn - 86%
  • States & Territories w/out Any Laws Protecting Against Revenge Porn - 14%

As of January 2020

What Can you Do if you are Targeted? How to Fight Retaliation Porn

If revenge or non-consensual pornography has happened to you or someone you know, California is one of most states that have adopted revenge porn laws against retaliation pornography. Currently (January 2020), there are 46 states, DC and one territory in the United States that have laws against revenge porn. California Penal Code (647 (j)(4) makes it a misdemeanor crime punishable with jail time for the first offense.

If someone is threatening to share your photos, whether taken by you or with your consent or not, with others that you do not wished to have them shared to, do not take their threats lightly. This is a form of abuse and manipulation. Restraining orders can be obtained against individuals making threats of distribution of revenge pornography.

revenge porn laws

Civil Rights Online

In addition to acting and ensuring that criminal laws are enforced by law enforcement, victims of revenge porn can also sue their perpetrators. In recent times, perpetrators of this type of action have been made to pay out large sums to their victims. Courts do not look favorably on those that decide to violate your cyber rights. It is important to know that have cyber civil rights and our revenge porn attorneys can litigate your case whether it is against a former boyfriend, spouse, or friend from long ago.

Revenge Porn Laws - What Do They Cover?

As of January 2020, in 11 states, breaking revenge porn laws will get you convicted of a felony. In most others you will at the very least be committing a misdemeanor, and depending on the specifics of the crime, you may be entering into felony territory even in states that only recognize this crime as being a misdemeanor. Tort, privacy, copyright and criminal laws offer ways that a subject of revenge pornography can act. We can assist you with navigating these matters.

This crime is seen as a crime of psychological abuse. It is described by academics as image based sexual abuse. Uploading sexually explicit material of a subject is done to humiliate or intimidate the subject. Other times, it is for profit, or could be images that provide a way to identify the subject of the material, by including their name, address, workplace or profiles on social media. In cases of a hostile environment at a workplace, a colleague or coworker may use this type of attack to get the subject fired or removed from their position at their job. Being the subject of revenge pornography can make it harder for the subject to acquire future employment. California now has anti-cyberharassment laws that can be applicable to cases of revenge porn and non-consensual pornography.

Removing Naked Photos and Sexually Explicit Content of Yourself – How to Get them Taken Down

Sometimes hackers, or bots created by hackers can gain access to your email and other devices and access your explicit photos without your permission. This is usually done to leak the content and profit from it. Pictures can be access from stolen laptops or mobile phones. As nonconsensual pornography attorneys, we assist clients that are dealing with leaked sexually explicit content and can assist you with getting it removed.

Our work as sexual harassment and California employment lawyers extends to revenge pornography and scenarios where sexually explicit content of our clients has been leaked or shared without their expressed permission. We can help you act and get these images removed. Take the first step and contact us.

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