In California, revenge porn is a crime, and a serious one according to our sex crimes attorneys. These illicit sex crimes are directly related to today’s technology, andit’s important to understand the legalities of revenge porn in Long Beach and throughout the state.
In the summer of 2017, celebrity Rob Kardashian took to Twitter and published what’s known in California as “revenge porn.”He tweeted illicit pictures of his ex and the mother of his child, Blac Chyna. What he may not have known is that a relatively new law makes his actions illegal. Sometimes referred to as “digital harassment laws,” there are 38 states that now make publishing compromising, sexually provocative photos a crime. The laws have evolved in large part because social media and other online platforms make it easy to publish sexually explicit photos or videos (or both) without the consent of the person shown in those images.
Revenge porn has been a crime in Long Beach and throughout the state since 2013. For his efforts, Kardashian could find himself with a restraining order that could be detrimental to his relationship with his daughter and worse, he may have jeopardized custody arrangements for his daughter.
So, what can Blac Chyna do? She has the same rights as any California citizen who has been a victim of revenge porn. She can file a police report, but it would fall to the state to determine whether criminal charges would be filed. For instance, Long Beach law enforcement might recommend further investigation to the district criminal defense attorney if it appears to be something worth considering. Whether that investigation occurs will be determined by the prosecutor.
So, what exactly does the law say?
According to our sex crimes attorneys, if you live in Long Beach, it is illegal to distribute sexual images or videos of anyone without their permission. If the publication is made with the intent of causing damage, whether it’s emotional or psychological or perhaps even physical (possible if the revenge porn includes a revelation of a spouse cheating, for instance) and if the victim suffered some type of distress, it could create an argument that supports California law.
Proving Distress
The question then becomes: how can anyone prove intent to cause distress? It could be found in the captions that accompany the image or video that suggests getting even is the objective. It can be embarrassing and stressful for victims, especially if the one posting the images refuses to take them down. More times than not, the social media administration will pull the images if they are against that social media’s terms of service.
If Kardashian were to be charged, it would most likely be for disorderly conduct, making it a misdemeanor. While he could face up to 6 months in jail, it’s unlikely he would receive that sentence, at least at first. It’s more likely he will pay a fine.
If Blac chooses to not follow any criminal charges, she could take Kardashian to civil court. While it addresses the same crimes, in a civil case, there exists no need to prove intent. She could potentially sue for and win millions of dollars in damages.
