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Revenge Porn - California Penal Code PC 647

Posted by Raoul Severo | Jul 29, 2020 | 0 Comments

Posting revenge porn is a very common crime these days. It consists of the online posting of some explicit images and videos of certain people without having permission from them to do so. It is done by ex-lovers usually. And it has become a grey area of the law. It is a different form of the invasion of privacy and harassment. It is also called non-consensual pornography where the distribution of several explicit materials is involved without the permission of the subject. The photo can be taken by the victim herself or even someone else. The hacked images will also come under the law. It is done to damage the reputation and psychological balance of the female in most of the cases.

 

Protection to Save the Victims from Revenge Porn – California Penal Code PC 647

 

According to section 230 of the communications decency act, there is a strong immunity against the different websites containing this type of material by the third party. But when the site is a conduit, they won't be responsible for the posts made by the users. If the website is not a passive conduit then, they will be charged under the publication of the particular content. If a particular website lost its immunity when it came under the California Penal Code, the webmaster of this site curates all the content before posting it and that is why he/she is not entitled to gain immunity against the law. Copyright infringement suit is also involved to combat this type of offense and an experienced criminal attorney can file the exact lawsuit against it according to California Penal Code PC 647.

 

Criminal Law against Harassment and Disorderly Conduct - California Penal Code PC 653

There is a very strong law against disorderly conduct as per California Penal Code PC 653 which involves the clicking of nude photographs of a person without their permission. When the private photographs end up in revenge porn sites then it becomes a case of harassment. But the catch in this law is that the harassment case will stand only if the event is a course of conduct. The isolated incidents will not be under the harassment law.

 

Criminal Law against Deepfake Pornography– California Penal Code PC AB 730 & 602

 

Sometimes some technological tools are used to create some particular image or video where it is shown that the head of a certain person is imposed on a body of a different person. Even if these are done for some artistic reason, it is considered to be a deepfake pornography case by law as per California Penal Code PC AB 730 & 602. This type of photography is not real until someone recognizes the face of the person in the picture. In that case, only a lawsuit can be filed under the harm to the victim case who is the owner of the face.

 

Criminal Law against Child Pornography - California Penal Code PC 311

 

Child pornography is another alarming offense under California Penal Code PC 311. When someone clicks naked photos of the children less than 18 years of age is considered to be child pornography. In this case, they will be treated as sex offenders and will be prosecuted as per the prison terms. Teen sexting is another aspect of it which has a similar law.

 

Penalties for Revenge Porn

There are laws against the revenge porn case as per California Penal Code PC 647 and the penalties are given below.

 

  • If someone shares explicit photographs without the permission of the person in the photo will be punished for around 3-5 years imprisonment and also a fine of $15,000.
  • Revenge-porn is a kind of misdemeanor in the eyes of California law. So it will be punishable for around six months of imprisonment and/or $1,000 of fine.
  • If the victim of this type of crime is under 18 years of age then the conviction will remain the same but the fine will be $2,000.

 

Attorney for revenge porn charges

 

If you go through any of these kinds of situations in California then you must contact a criminal lawyer as soon as possible. In many cases,  we might feel to understand the crime properly and choose incorrect steps, therefore a criminal defense attorney will be the best option to help you with proper law and steps to be taken.

If you have been accused of revenge porn charges Our defense lawyers from The Law Office of Raoul Severo will help you with all the necessary processes and guidance to bring some changes regarding the offense. If you need any of these kinds of help, you may contact us with a special coupon code for lawyers: CriminalDefense_07-20

 

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