Facing an accusation of revenge porn can be overwhelming and confusing. Breakups are difficult in the best of situations, but things have gone too far when misunderstanding, misinterpretations, and malicious behavior end with criminal charges. At this point, everyone's reputation is on the line, but if you're being accused of revenge porn in Pennsylvania, you have more than just your reputation on the line. Criminal convictions for revenge porn in Pennsylvania can lead to prison time and steep fines. Every aspect of your life, from your career to child custody, can be derailed when you face criminal charges.
At the LLF Law Firm, we understand that the way these charges come about varies. Whether you have accidentally shared private content, let your emotions get the better of you, or your former partner is spitefully trying to destroy your life, our Criminal Defense Team has represented clients in a similar situation. The LLF Law Firm frequently navigates these sensitive cases, working to get baseless charges dropped and mitigate the charges when you've made a mistake.
At the LLF Law Firm, we will walk you through your options, explain what you can expect from Pennsylvania courts in your case, and vigorously defend you and your rights. When it comes to revenge porn charges, we know that the accused aren't always given the benefit of the doubt, whether it be with law enforcement, the courts, or your own community. Our Criminal Defense Team is always on your side, first and foremost, to protect your rights, reputation, and freedom. Let the LLF Law Firm Criminal Defense Team help you today by calling 888-535-3686 or contacting us online.
What Is Revenge Porn?
Revenge porn is when a person shares explicit photos or videos of someone, usually a former partner of that person, without their permission for the purpose of making that person feel embarrassed, ashamed, or upset. Revenge porn centers around sexually explicit content. Usually, the content of revenge porn is videos or images that were created in an intimate relationship setting under the impression they would be kept between the romantic partners.
For example, a couple may have filmed themselves participating in sexual acts, or one partner may have sent nude photos to another. When the relationship was ongoing, there was trust that this content would remain between the parties. The content becomes revenge porn when one party decides to maliciously share the content, usually digitally, for the purpose of causing pain or harm to the other person.
Common examples of revenge porn include, but are not limited to:
- Sharing sexually explicit photos or videos without a person's consent on social media, porn websites, revenge porn websites, or another online forum to embarrass them or humiliate them publicly
- Sending sexually explicit photos or videos without a person's consent to their family, friends, coworkers, or other people in their life to damage their professional or social reputation
- Creating a fake social media account in another person's name and posting sexually explicit content they are featured in
- Creating a fake account of another person's name on porn, revenge porn, or another website where sexually explicit material is solicited and distributed sexually explicit material, they are included in
- Threatening to share explicit photos or videos of someone unless they comply with your demands, such as making financial payments, personal favors, sexual favors, or returning to a romantic relationship the person no longer wishes to continue
When emotions run high, it can be hard to stay in control. When the content is right there and getting back at a romantic partner is just so easy by pressing send on those old photos and videos, the temptation can be too much. At the LLF Law Firm, we understand mistakes can happen.
The only thing we can do in life is our best, and your life shouldn't be ruined over one mistake. When people make explicit content, they are inherently taking a risk; they know it is possible that content can get out there. Of course, protecting victims of revenge porn is important, and it is understandable Pennsylvania has revenge porn laws on the books, but at the LLF Law Firm, we think the punishment should fit the crime. Our Criminal Defense Team will do everything in our power to prevent this lapse in judgment from derailing your life.
Pennsylvania Revenge Porn Laws
Revenge porn can fall under a number of different criminal laws in Pennsylvania. If you are facing a revenge porn charge, it will likely be under the Unlawful Dissemination of Intimate Images Act. Therefore, most of the content below will be related to that law, but we also provide a brief overview of additional laws under which you can be charged.
How Pennsylvania prosecutors will charge you in revenge porn cases depends on the nature of your case. The main considerations for deciding which charges are appropriate are the age of the parties involved and their level of consent in creating explicit images.
The Unlawful Dissemination of Intimate Images Act
The Unlawful Dissemination of Intimate Images Act, also referred to as Pennsylvania's revenge porn law, prohibits the non-consensual sharing of private images "with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct."
To be found guilty under Pennsylvania's revenge porn law, the prosecution will have to prove three things:
- The content was an intimate image
- The content's dissemination was non-consensual (meaning without the other person's permission)
- You intended to cause the other person harm by sharing or distributing the content
It can be confusing to understand what is considered an intimate image containing nudity or sexual conduct under the law. We live in a sexualized society where nearly every advertisement has some sort of sexually suggestive content. It isn't just advertisements; it's our own friends on social media posting themselves next to nothing, leaving very little up to the imagination.
Pennsylvania law does provide some clarity on nudity and sexual conduct, saying these include:
- Depiction of genitalia, pubic area, anus, or nipple area on the female breast without a fully opaque covering
- Sexual intercourse
- Sexual activities such as masturbation
What Pennsylvania courts have interpreted as nudity or sexual conduct is something your LLF Law Firm attorney is familiar with. Because our Criminal Defense Team has defended numerous clients in revenge porn cases, we can share our experience with you on exactly what content may have you in hot water and what can be more easily argued away.
The revenge porn charge you are facing under this law will depend on the age of the person depicted in the explicit content. If the explicit materials contain a partner who was a minor at the time the content was made, you are looking at a first-degree misdemeanor. In Pennsylvania, a first-degree misdemeanor can land you in prison for up to five years, resulting in fines of up to $10,000. If the person in the content is an adult, you will face a second-degree misdemeanor, with penalties of up to two years in prison and $5,000 in fines. Your LLF Law Firm attorney will fight to minimize the charges and get you the best possible outcome.
Pennsylvania's Wiretap Law
Revenge porn can fall under Pennsylvania's wiretap law, the Wiretapping and Electronic Surveillance Control Act. While we might think of Nixon-era espionage when we think of wiretapping, in Pennsylvania, wiretapping is any type of recording made without all parties' consent. The most common types of wiretapping these days happen on our cell phones.
Revenge porn can fall under the category of wiretapping when one party isn't aware that the sexually explicit material is being recorded. For example, if you recorded your partner performing a sexual act but didn't mention there was a hidden camera recording the event.
Pennsylvania Child Pornography Laws
When revenge porn you have distributed involves a minor, there are several Pennsylvania child pornography laws that you may be violating as well. In Pennsylvania, child pornography laws prohibit:
- The production of child pornography
- The possession of child pornography
- The dissemination of child pornography
- Intent to disseminate child pornography
- Child pornography involving computers and the internet
Pennsylvania's Sexting Law
Whether you find sexting fun or distasteful, it is rarely considered a crime, but in Pennsylvania, it is for minors. This law, often referred to as Pennsylvania's sexting law, is called the Transmission of Sexually Explicit Images by a Minor Act. This law can encompass revenge porn when the content being disseminated is of a minor.
The law outlines a few specific offenses:
- A minor sending a sexually explicit image of himself or herself to anyone of any age
- A minor knowingly possessing or viewing a sexually explicit image of another minor who is at least 12 years of age
- A minor sending a sexually explicit image of another minor who is 12 years of age or older
- A minor creates or disseminates a visual depiction of a minor in a state of nudity without the minor's consent, with the intent to coerce, intimidate, torment, harass, or cause emotional distress to the minor
The last offense is nearly identical to Pennsylvania's revenge porn law but applies specifically to minors.
Defenses in Pennsylvania Revenge Porn Cases
If you are charged with revenge porn in Pennsylvania, the consequences are severe, so it's important you have a strong defense. At the LLF Law Firm, we have defended numerous Pennsylvanians facing revenge porn charges, and we know which defenses work. Every case is a little different; our Criminal Defense Team will learn everything there is to know about your case and present our defense strategy to you. We will walk you through what we intend to argue and how we will get you the best possible outcome in your case. While every defense is case specific, a few of the defenses we may argue in your Pennsylvania revenge porn case include:
Lack of Intent to Cause Harm
As stated in the sections above, Pennsylvania law requires prosecutors to prove that you intended to harass, embarrass, or harm the alleged victim in a revenge porn case. Unless you have explicitly admitted you were trying to harm the other person in the explicit material you shared, it can be hard to prove intent to harm.
You may very well have shared the explicit content without malicious motives. Whether or not sharing sexually intimate materials you made with a partner is advisable doesn't make it illegal. Sometimes, friends share explicit content, thinking it's funny, amusing, or just interesting to another person. Maybe you were bragging about your sexual escapades. You may have not even realized you shared the material, for example, accidentally uploading to a shared album or sending the images to the wrong person or platform.
How your partner has previously responded to sharing sexually explicit material can also be taken into consideration. Maybe your former partner frequently shares sexually explicit content with others or is aware of your habit of sharing such material. If they have a history of this behavior or are signing off on your sharing, then you can't have anticipated that sharing content this time would be harmful.
Consent to Distribution
Another strong defense can be that the alleged victim consented to the distribution of the explicit content. Sometimes, in relationships, people are so focused on pleasing others that they don't think through the consequences. But a former partner can't have played it cool about you sharing their sexually explicit material and then changing their mind post-breakup.
Your LLF Law Firm attorney may try to prove consent in a few different ways. One way is that they explicitly stated you could share the material, or even shared this material, exact sexually explicit material themselves. Proving implied consent can be another option as well. This may be done by showing that because images were in a shared album, on social media, or already sent to other people, it was implied that you could also share these images.
Proving consent may involve delving deep into the depths of your text messages and social media. While deleting everything following a breakup can be tempting, don't. Your LLF Law Firm attorney will need these digital records when making your case.
Expectation of Privacy
Another aspect of Pennsylvania's revenge porn law is that the prosecution must establish that the content shared had a reasonable expectation of privacy. There are two main scenarios when your LLF Law Firm attorney will argue that there was no expectation of privacy. The first situation is if the alleged victim has already been sharing this material or similar material with others. For example, they can post this content on social media or share it on dating or adult websites.
A second scenario is if the images or videos were taken in a public setting. If you and your ex decided to have sex on the beach and record it, the beach isn't private. While what you are doing really should be private, doing it in a public place means you have lost the reasonable expectation of privacy. Even if your former partner didn't believe anyone else was around to see or even aware they were being recorded, just doing these sexual acts in public means your privacy rights under Pennsylvania law are gone.
Statute of Limitations
In Pennsylvania, the statute of limitations for bringing a revenge porn lawsuit is two years from the date the sexually explicit materials were distributed. If your former partner threatens you for materials distributed over two years ago, you shouldn't be overly concerned, but you should still contact the LLF Law Firm. Sometimes, cases are erroneously filed even when a statute of limitations has run, and you need your LLF Law Firm attorney to ensure any charges against you are filed legitimately. If your case is outside of the statute of limitations, your LLF Law Firm attorney will file with the court to have the case dropped immediately.
Revenge Porn and the Sex Offender Registry in Pennsylvania
Revenge porn is a sexual crime, so you may be wondering if this charge can land you on the sex offender registry. Fortunately, in Pennsylvania, revenge porn is not a charge that, if you are found guilty, will lead to you being placed on the sex offender registry. There are only some offenses that will automatically trigger sex offender registry requirements. Revenge porn charges can only result in a sex offender registry if you are found guilty of revenge porn involving a child.
Can Minors Be Charged with Revenge Porn?
Minors can absolutely be charged with revenge porn. Teenagers with out-of-control hormones, emotions, and electronic devices are a recipe for revenge porn disaster. Bad judgment exists at every turn. Teenagers may feel like adults, like they have the right to be taking explicit photos or videos, but when anyone is under the age of 18, it's just a bad idea. Then, add the emotions of a breakup and the urge to hurt the ex who has just caused you so much pain; it's only a matter of time before these images and videos aren't in the hands of their intended audience.
How Pennsylvania handles minors in revenge porn cases often differs from their handling of adults. Typically, minors who have disseminated revenge porn are charged under Pennsylvania's sexting law, not its revenge porn law, as adults are. While minors can also be charged under Pennsylvania's child pornography statutes when both parties are under 18, in our experience at the LLF Law Firm, our attorneys tend to see these charges under the sexting law.
Fortunately, because criminal charges can have such a detrimental impact on a young person's life, prosecutors and courts do not tend to prosecute minors to the full extent of the law. This is particularly true if this is a minor's first offense; they may be able to get off with something called a summary offense. Summary offenses usually involve a small fine and can be easily expunged from your record with the assistance of your LLF Law Firm attorney.
If you are a minor being charged with revenge porn, you and your parents need to contact the LLF Law Firm immediately. Law enforcement and prosecutors may try to scare you or charge you with disproportionately severe revenge porn charges that just aren't appropriate. Don't let them scare you; the LLF Law Firm will ensure your rights are preserved from the start. We are here to protect your future, and we will argue for the dismissal of the charges or summary offense as appropriate in your case. Our Criminal Defense Team has frequently been able to reduce charges for minors, resulting in community service or participation in educational programs, circumventing the criminal system altogether.
Don't Fight Revenge Porn Charges Alone, Retain the LLF Law Firm Today
Revenge porn charges come with lots of heated emotions, but you never need to face them alone. As soon as you learn of the revenge porn charges against you, contact the LLF Law Firm. You may have a long road ahead, but your LLF Law Firm attorney will be there every step of the way. Our Criminal Defense Team will fight tooth and nail to get the charges against you reduced and, ideally, eliminated. We believe baseless lawsuits, miscommunications, or mistakes shouldn't ruin our clients' lives. Let the LLF Law Firm Criminal Defense Team fight for you; call us at 888-535-3686 or contact us online.
