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Revenge porn, or posting private, intimate images online, is illegal in California. Confidential images posted on social media platforms and “revenge porn” sites, are shared and shared again, and are difficult, if not impossible to remove.

The impact upon the victim often leads to depression, embarrassment, and in many cases, suicidal thoughts or actions. Women, men, and teenagers have all been victims revenge porn, a particularly damaging form of cyberbullying.  

California Law and Revenge Porn: Your Rights

California lawmakers have taken significant steps to hold people that engage in revenge porn accountable. In September 2014, California Penal Code 647(j)(4) was amended and signed into law. The Attorney General has launched an anti-cyber-exploitation initiative for the protection of victims. The offense is called an “unlawful distribution of image,” a misdemeanor offense. The amended portion of law includes the following:

Any person who intentionally distributes the image of the intimate body part 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, under circumstances in which the persons agree or understand that the image 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.”

It is illegal to post pornographic images of children under the age of 18, and the legal ramifications for a perpetrator of revenge porn may be include being charged with a felony. But how does a victim get justice?

Damages in Cases of Revenge Porn

Cal. Civil Code § 1708.85 allows victims to file a private civil action against any person who posts intimate pictures online and “intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew that the other person had a reasonable expectation that the material would remain private.”

Those who have damaged an individual’s reputation and sense of self-worth by posting private, intimate pictures online must be held accountable. A civil action can be filed to seek monetary damages. The damages a personal injury lawyer from our firm can pursue may include the following:

  • Damages for defamation of character
  • Damages for invasion of privacy
  • Damages for the emotional distress
  • Damages for pain and suffering
  • Attorney’s fees

If you or your loved one has been a victim of revenge porn, our firm can help you to seek justice. We understand that this form of cyberbullying comes with heavy personal consequences and that victims suffer deep emotional anguish after private, intimate pictures are posted on the internet for all to see, share, and comment upon.

If you discover you have been a victim of revenge porn, protect yourself by taking screenshots of the images, comments and other information posted online. This can assist in documenting your case, particularly if the perpetrator later removes the post. Your next step should be to connect with an injury lawyer that will assist you to take legal action to seek full compensation.

Contact Us Today

We are aggressive in pursuing full compensation for victims of revenge porn. Contact the Law Offices of Omar Gastelum and Associates, PLC in Newport Beach, CA for help.

 

 

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