In California, the law takes the act of distributing explicit images without consent very seriously. Penal Code 647(j)(4), commonly known as the Revenge Porn law, makes it a criminal offense to share intimate images or videos of another person with the intent to cause emotional distress or harm. This law is in place to protect individuals from the malicious act of distributing private images without their consent. If you’re facing charges under Penal Code 647(j)(4), KN Law Firm in Glendale, California is here to help. We serve Los Angeles and surrounding cities, offering 24/7 free consultations at (888) 950-0011.
What is Penal Code 647(j)(4)?
Penal Code 647(j)(4) makes it illegal to intentionally distribute sexual images or videos of someone without their consent, knowing that it would cause the person to suffer emotional distress. This law primarily targets situations where an ex-partner or someone with access to intimate photos shares them out of revenge, often referred to as “revenge porn.”
The essential elements of the crime include:
- Intent to Cause Distress: The individual distributing the images must intend to harm or cause emotional distress to the victim.
- No Consent: The images or videos are shared without the subject’s consent.
- Expectation of Privacy: The victim must have had a reasonable expectation that the images would remain private.
Key Elements of Revenge Porn
To secure a conviction under Penal Code 647(j)(4), the prosecution must prove the following elements beyond a reasonable doubt:
- Distribution of Images or Videos: The accused must have intentionally distributed or shared intimate content.
- No Consent: The images were shared without the explicit consent of the person depicted.
- Intent to Cause Emotional Distress: The primary motivation behind distributing the content was to cause emotional harm, embarrassment, or humiliation.
- Reasonable Expectation of Privacy: The victim had a reasonable belief that the images or videos would not be shared publicly.
Penalties for Violating Penal Code 647(j)(4)
A violation of Penal Code 647(j)(4) is considered a misdemeanor in California and can result in serious legal consequences, including:
- Up to six months in county jail for a first offense.
- Fines of up to $1,000 (or more if the case involves multiple offenses).
- Up to one year in jail for repeat offenders.
- Potential restitution to the victim for emotional distress or damages.
These penalties can be severe, and having a conviction on your record may affect employment, reputation, and relationships.
How KN Law Firm Can Help
If you’re facing revenge porn charges, it’s essential to have a strong legal defense. At KN Law Firm, we understand the gravity of these allegations and will work diligently to protect your rights. Here’s how we can assist:
- Challenging Evidence: We will scrutinize the evidence against you to determine if the images were shared with consent or if the prosecution can prove the intent to cause distress.
- Questioning Intent: The prosecution must prove that the distribution was done with the intent to cause emotional harm. We will explore alternative explanations for why the images were shared.
- Negotiating Lesser Charges: In some cases, it may be possible to negotiate reduced charges or alternative sentencing to avoid jail time and other severe penalties.
FAQs about Penal Code 647(j)(4)
1. Can I be charged even if I didn’t personally share the images but allowed someone else to?
Yes, you can still face charges if you encouraged or facilitated someone else to share intimate images or videos without the victim’s consent.
2. What if I didn’t intend to cause harm?
Intent is a crucial element of the crime. If you did not intend to cause emotional distress, your attorney can argue that your actions were not malicious, which may lead to reduced charges or even dismissal.
3. Are there any defenses to revenge porn charges?
Yes, there are several defenses, including lack of intent, consent from the victim, and no reasonable expectation of privacy. A skilled attorney can help you explore these defenses based on the details of your case.
Contact KN Law Firm for Legal Help
Facing revenge porn charges under Penal Code 647(j)(4) can have a lasting impact on your life. You need experienced legal representation to defend your rights and build a strong case. At KN Law Firm, we have a proven track record of helping clients navigate complex legal issues. We offer free consultations and are available 24/7 to serve clients in Glendale, Los Angeles, and surrounding areas. Call us today at (888) 950-0011 for the guidance and defense you deserve.
Don’t wait—contact KN Law Firm now to discuss your case and protect your future..