This is the classic revenge porn statute that came into being in 2013.  With all of these computers and people videotaping their sex acts, taking photographs, and posting them, there have been a bunch of new crimes that have been added to the Penal Code.  Also, federal-level crimes have been added. This type of crime is a form of domestic violence. 

There's one crime where you're videotaping someone without their knowledge.  For example, you invite somebody to your home, and you videotape yourself having sex with them.  That would be more under the invasion of privacy category, and you could be charged for this if the person doesn't know and you secretly have a videotape, and somehow law enforcement finds out about it.

This section has to do with photographing or videotaping someone nude, and there's some sort of sexual activity going on; this crime has to do with initially, the photographs or the video being consensual, meaning the other person gave their permission.

They allowed it, and didn't have a problem with it, and now you decide to distribute it.  In order for it to be a crime, there has to be an understanding between the two of you that those videos or pictures were going to remain private between the two of you, and you weren't going to distribute those on the internet, for example.

California Revenge Porn Statute

Usually where we see this is Penal Code Section 6647(j)(4) – the revenge porn statute.  It has to do with the fact that we've broken up now.  I'm going to teach you a lesson.  What was once private is now going to become public.  I've had clients sending it to their significant other's workplace or some other boyfriend of the significant other in order to cause emotional distress.

And, of course, they're going to cause emotional distress when someone's sex video is out there for everyone to see.  So, this is where this revenge porn has come in, and they are prosecuting this.  You could face serious punishment for these types of crimes.  Nobody wants to have anything sexually related on their criminal record.

If you're being accused of posting a photograph or a video of someone whom you used to date, and at the time it was consensual, but now it's been put out there. You're being blamed for it. Obviously, you want to consult an attorney before answering anyone's questions.

In many cases, what they will do in these cases is do what is called a pretext phone call, where they'll have the person's photograph or video that you put out there that has you and them or just them engaging in some sort of sexually explicit activity, law enforcement will tape-record the conversation between you and the person.

The person will typically challenge or confront you, as you are the one who initiated the issue by mentioning that you didn't have their permission to do so and that you've caused them a lot of emotional distress.

They hope that you will respond by saying you're sorry or acknowledging that you were the one who did it, knowing that you shouldn't have done so.  If they can get that type of phone call, that would obviously be very good evidence against you, and you could be charged with this revenge porn-type activity.

So, the bottom line is, if you're charged under this Penal Code Section having to do with revenge porn. You have put someone's video or picture out there engaging in some sort of sexually explicit activity or them being nude. If you are doing that to get back at them, and that causes them emotional distress, you could be charged with a very serious crime.

If you have one of these cases pending, obviously, pick up the phone.  Make the call.  Let's sit down in the privacy of my office, and we'll go through everything step by step.

A lot of times, you have defenses in these cases.  Perhaps the law enforcement agencies investigating it won't be able to determine that you were involved in sending it.  Maybe somebody else had access to send it.  Perhaps the other person is trying to frame you and make it appear as though you sent it.  There can be various reasons for this type of activity.

What you need to do is meet with an attorney, provide them with the information, and be honest with them under the protection of the attorney-client privilege. Then, you two will figure out a strategy on how to best deal with this and get you out of the criminal justice system as fast as possible.