Across the country, 34 states and Washington, D.C. have criminal laws against revenge porn. And the issue is more common than you think. A study from the think tank Data & Society and the Center for Innovative Public Health research showed that one in 25 Americans have been threatened or faced with revenge pornography. In the era of smartphones, this number is likely to stay stable or to increase.
Revenge pornography is a Class A misdemeanor punishable by up to one year in county jail and up to a $4,000 fine. These penalties are fairly lax (not much more severe than the penalties for telephone harassment) compared to the amount of damage to one’s reputation, credibility and relationships that can occur due to revenge porn, so some advocates have taken up the cause to try and have these penalties increased.
In some cases, revenge porn or even the threat of revenge porn can constitute domestic violence. Victims of revenge porn experience fear and terror for their lives and futures. In situations where domestic violence is proven, the victim can seek out a restraining order which would increase the penalties for the person who posted the illicit materials online.
Many are unaware that posting explicit photos of someone without consent is a crime. If you have been accused of this behavior, a criminal defense attorney can help you plot the best course of action for you moving forward.
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