California Federal and State Statues for Uploading Picture on Online

California Revenge Porn Laws – Penal Lawmaking 647(j)(iv) PC

Penal Code 647j4 PC is California's criminal revenge porn constabulary. This department makes it a misdemeanor to mail sexually explicit images or videos of a person online, without permission, when doing so causes the person to endure serious emotional distress. A conviction is punishable by up 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 as shorthand for the California Penal Code.

The linguistic communication of 647(j)(4) PC states that:

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

Examples

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

Defenses

A accused may competition a charge under this statute with a skilful legal defense force. Common defenses include:

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

Penalties

The serious 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 upward to vi months, and/or
a maximum fine of $i,000.

A estimate can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will explain the following in this commodity:

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

Penal Lawmaking 647j4 PC is the California statute that makes information technology a crime for a person to engage in "revenge porn."

i. When is revenge porn a crime?

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

the accused had an prototype of the intimate parts of another identifiable person, or an epitome of that person engaged in sexual intercourse, oral copulation, masturbation, sodomy, or sexual penetration,
the accused intentionally distributed that image,
there was an understanding between the accused and the other person that the sexual images and/or nude photos would remain private,
the accused knew or should accept known that the distribution of the image would cause the other person emotional distress, and
the other person suffered emotional distress.¹

Questions often arise under this statute on the meaning of:

the intimate torso role of an identifiable person, and
intentional distribution.

Note as well that:

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

ane.ane. Image of the intimate body part of another identifiable person

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

the genitals,
the anus, and
(in the example of a female) any portion of the breasts below the summit of the areola.²

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

i.ii. Intentional distribution

A person "intentionally distributes" an image if:

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

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

ane.3. Instances of no guilt

The statute in question says a person is non guilty of violating PC 647j4 in the post-obit circumstances:

in the class of reporting unlawful activity,
when complying with a subpoena or other court society for utilize in a legal proceeding, or
when acting in the course of a lawful public proceeding.⁵

ane.4. Assembly 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 it.⁶

This right to sue would just exist if:

the person depicted in the video did not consent,
to its release or cosmos.^seven

The simulated videos targeted past this statute are known as "deep fakes." These recordings graft the face of a person (often a celebrity) into a pornographic motion-picture show without that person'south consent.

Attorneys seated around table and negoatiating

A good legal defense can aid trounce a PC 647j4 allegation

2. Are in that location legal defenses to Penal Code 647(j)(four) PC?

A defendant tin trounce a revenge porn accusation with a good legal defense.

3 common defenses to these criminal charges are:

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

2.1. No intentional distribution

All crimes under this statute require that the accused intentionally distribute an paradigm. This ways information technology is a valid defense for an accused to say that:

while s/he may accept distributed explicit images,
southward/he did not exercise so intentionally.

Perchance, for instance, a person put it on social media by blow.

2.two. No intent to cause emotional distress

Think that a accused is only guilty under these laws if:

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

Therefore, it is a defense for an accused to say that s/he did non accept this noesis. Maybe, for instance, the accused posted something as a prank and thought the other person would observe it funny.

2.3. Consent

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

3. What are the penalties?

The offense of revenge porn is a California misdemeanor offense.

The offense is punishable past:

custody in county jail for upwards to six months, and/or
a maximum fine of $1,000.^viii

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

the accused has 1 or more prior convictions for revenge porn, or
the victim was a pocket-sized.⁹

Defendants may also face lawsuits in ceremonious court.

four. Are there immigration consequences?

A conviction nether these laws volition not have whatever negative immigration consequences.

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

deported, or
marked as inadmissible.

An case is a offense involving moral turpitude.

But revenge porn is non this type of crime.

5. Can a person get a confidence expunged?

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

Penal Code 1203.four PC says an expungement removes many of the hardships associated with a confidence.

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

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

6. Does a conviction affect gun rights?

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

California law says that some crimes (e.k., felonies) will event in the defendant losing his right to ain or possess a gun.

PC 647j4, though, is non 1 of these crimes.

vii. Are in that location related offenses?

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

7.i. Peeking while loitering – PC 647i

Penal Code 647i PC makes information technology a offense for a person to:

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

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

7.2. Federal "video voyeurism" law – eighteen U.S. Code 1801

18 USC 1801 makes information technology a federal criminal offence for a person to knowingly and intentionally:

capture an prototype of an individual'south "private area(s),"
without the person'southward consent, and
practice so when the "victim" was in a identify with a reasonable expectation of privacy.

This police prohibits the capturing of images no affair if they were distributed or not.

vii.3. Criminal invasion of privacy – PC 647j

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

using a device to look at someone through a hole or opening,
using a concealed camera to await under or through someone's clothing, or
using a hidden camera to view a person's trunk in a individual room.

Again, this statute prohibits the invasion of privacy and does not require that any images get shown or distributed.

receptionists taking client phone calls

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

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

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

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

Legal References:

milleronsing.blogspot.com

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