California Federal and State Statues for Uploading Picture on Online

California Revenge Porn Laws – Penal Code 647(j)(4) PC

Penal Code 647j4 PC is California's criminal revenge porn law. This section makes it a misdemeanor to mail sexually explicit images or videos of a person online, without permission, when doing so causes the person to suffer serious emotional distress. A conviction is punishable past upward to 6 months in jail and a fine of up to $1000.00.

Note that the section is frequently abbreviated as 647j4 PC or 647j4 CPC equally shorthand for the California Penal Code.

The language of 647(j)(four) PC states that:

"A person who intentionally distributes the image of the intimate trunk function or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, nether circumstances in which the persons hold or understand that the paradigm shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress."

Examples

taking naked pictures of a partner, and after a interruption-up, posting the images on Facebook.
recording a person in a sexual act and then uploading the video on an cyberspace sexual activity site.
taking upskirt photographs of a woman (with her consent), and then posting them on social media.

Defenses

A defendant may contest a accuse nether this statute with a good legal defence force. Common defenses include:

no intentional distribution,
no intent to crusade emotional distress, and/or
consent.

Penalties

The serious criminal offense of revenge porn is a California misdemeanor. This is opposed to a felony or an infraction.

The offense is punishable by:

custody in county jail for up to six months, and/or
a maximum fine of $ane,000.

A guess tin laurels misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defence force attorneys will explicate the following in this article:

computer hacker working on a laptop - California's criminal revenge porn law is found in Penal Code 647j4 PC

Penal Code 647j4 PC is the California statute that makes information technology a offense for a person to appoint in "revenge porn."

ane. When is revenge porn a law-breaking?

A prosecutor must prove the following to convict a defendant of violating California revenge porn laws:

the accused had an prototype of the intimate parts of some other identifiable person, or an image of that person engaged in sexual intercourse, oral copulation, masturbation, sodomy, or sexual penetration,
the defendant intentionally distributed that image,
there was an agreement betwixt the defendant and the other person that the sexual images and/or nude photos would remain individual,
the accused knew or should take known that the distribution of the image would cause the other person emotional distress, and
the other person suffered emotional distress.¹

Questions oft arise under this statute on the meaning of:

the intimate body part of an identifiable person, and
intentional distribution.

Note also that:

Penal Code 647j4 lists situations when a person is not guilty of a crime, and
a new piece of legislation, Assembly Bill 602, gives certain "victims" the correct to sue.

1.1. Prototype of the intimate body part of another identifiable person

For purposes of PC 647j4, an "intimate body role" means any portion of:

the genitals,
the anus, and
(in the case of a female) whatever portion of the breasts below the peak of the areola.²

An "identifiable person" merely means that it is probable that someone could identify the victim.³

one.2. Intentional distribution

A person "intentionally distributes" an image if:

due south/he personally distributes it, or
intentionally causes another person to distribute it.⁴

Examples include sending the epitome through electronic mail, text messages, social media, another electronic device, or in person.

i.3. Instances of no guilt

The statute in question says a person is not guilty of violating PC 647j4 in the following circumstances:

in the course of reporting unlawful activity,
when complying with a subpoena or other courtroom order for use in a legal proceeding, or
when acting in the course of a lawful public proceeding.⁵

ane.4. Associates Bill 602

AB 602 is a relatively new piece of California legislation, that if approved, would:

requite the "victims" of false sex videos,
the right to sue the person who created it or shared information technology.^vi

This correct to sue would simply exist if:

the person depicted in the video did non consent,
to its release or creation.^seven

The fake videos targeted by this statute are known as "deep fakes." These recordings graft the face of a person (frequently a celebrity) into a pornographic film without that person's consent.

Attorneys seated around table and negoatiating

A expert legal defense can assistance beat a PC 647j4 accusation

two. Are there legal defenses to Penal Code 647(j)(4) PC?

A accused can beat a revenge porn accusation with a adept legal defense.

Iii common defenses to these criminal charges are:

no intentional distribution,
no intent to cause emotional distress, and/or
consent.

two.1. No intentional distribution

All crimes nether this statute require that the accused intentionally distribute an image. This means it is a valid defense for an defendant to say that:

while s/he may take distributed explicit images,
southward/he did not do so intentionally.

Perhaps, for example, a person put it on social media by accident.

two.2. No intent to crusade emotional distress

Recall that a accused is only guilty nether these laws if:

the accused knew, or should have known, that the distribution of an image,
would cause the other person to suffer serious emotional distress.

Therefore, information technology is a defense for an defendant to say that due south/he did not have this knowledge. Perhaps, for case, the accused posted something equally a prank and thought the other person would find it funny.

2.3. Consent

It is always a defense for an accused to prove that the alleged victim of revenge porn consented to any distribution of the intimate photos.

iii. What are the penalties?

The crime of revenge porn is a California misdemeanor criminal offense.

The criminal offense is punishable by:

custody in canton jail for upward to six months, and/or
a maximum fine of $i,000.⁸

These penalties increase to up to one twelvemonth in jail, and/or a fine of up to $2,000 if:

the defendant has one or more prior convictions for revenge porn, or
the victim was a minor.⁹

Defendants may also face lawsuits in civil court.

4. Are in that location immigration consequences?

A conviction under these laws will non have any negative immigration consequences.

Some California crimes can result in a non-citizen being either:

deported, or
marked as inadmissible.

An instance is a offense involving moral turpitude.

Merely revenge porn is non this type of crime.

5. Tin can a person get a conviction expunged?

A person can get an expungement if convicted of violating PC 647j4.

Penal Code 1203.4 PC says an expungement removes many of the hardships associated with a confidence.

A accused is entitled to an expungement if s/he successfully completes either:

probation, or
his jail term (whichever is applicable).

6. Does a confidence bear on gun rights?

A confidence under this statute will not impact a defendant's gun rights.

California law says that some crimes (e.thousand., felonies) will issue in the defendant losing his correct to own or possess a gun.

PC 647j4, though, is not one of these crimes.

7. Are there related offenses?

peeking while loitering – PC 647i,
federal "video voyeurism" law – 18 U.S. Code 1801, and
criminal invasion of privacy – PC 647j.

7.i. Peeking while loitering – PC 647i

Penal Code 647i PC makes it a crime for a person to:

peek in the door or window of any inhabited structure, and
do so while loitering on private property.

Note that this police force focuses on peeking, while PC 647j4 deals with the distribution of images.

vii.two. Federal "video voyeurism" law – 18 U.Due south. Code 1801

eighteen USC 1801 makes information technology a federal criminal offense for a person to knowingly and intentionally:

capture an paradigm of an private's "individual area(s),"
without the person's consent, and
exercise then when the "victim" was in a place with a reasonable expectation of privacy.

This law prohibits the capturing of images no matter if they were distributed or not.

seven.iii. Criminal invasion of privacy – PC 647j

Penal Code 647j PC makes it a crime for a person to invade someone's privacy by:

using a device to await at someone through a hole or opening,
using a concealed camera to expect under or through someone's article of clothing, or
using a hidden photographic camera to view a person'due south trunk in a private room.

Again, this statute prohibits the invasion of privacy and does non require that any images get shown or distributed.

receptionists taking client phone calls

Contact our criminal defense force lawyers for help. Our law house offers free consultations and legal advice. We create attorney-client relationships in Los Angeles, San Diego, and throughout the state.

Also run across our articles on sex crimes, child pornography (PC 311), and disorderly carry.

For information on revenge porn charges in Nevada and Colorado, please see our articles on:

"Suing for 'Revenge Porn' in Nevada," and
"Colorado 'Revenge Porn' Laws CRS 18-7-107."

Legal References:

simmonsvage1958.blogspot.com

Source: https://www.shouselaw.com/ca/defense/penal-code/647j4/