Revenge Porn Bill Passes California Senate Committee

A bill that wold criminalize so-called “revenge porn” is gaining support among California lawmakers, having recently passed the state Senate’s Public Safety Committee.

Our Riverside defense attorneys understand that Senate Bill 255 would make it a first-degree misdemeanor to text or post sexually explicit pictures that were intended for private use without the consent of the person depicted to harass or annoy that person.

Sen. Anthony Cannella (R-Ceres) authored the bill and said that the majority of these situations arise after a bitter break-up – hence the name “revenge porn.” Canella said that when individuals try to track down those images to have them removed, many websites charge exorbitant and unreasonable fees to do so. In some cases, there have been allegations that such demands amounted to extortion.

A number of other senators have signed on as co-sponsors of the bill.

The misdemeanor charge would be a form of disorderly conduct, and would amend section 647 of the California Penal Code. The bill has been classified as an “emergency statute,” meaning if passed, it would take effect immediately.

The language of the bill would hold that: Any person who records or photographs another identifiable person without his or her consent while the target is in a state of partial or full undress in an area where privacy is reasonably expected and then distributes those images in a manner likely to cause the victim to suffer serious emotional distress will be found guilty of a first-degree misdemeanor. Such a charge is punishable by up to one year in jail and a fine of up to $1,000.

The distribution of multiple images could result in the filing of multiple charges, and it would not be a defense if the defendant was a cohabitant, boyfriend, tenant, landlord, employer, co-tenant, business partner or other associate of the victim.

A key component of the law is that the image reflect a person who is “identifiable.” That may be a gray area upon which defense attorneys could mount a successful defense.

Previous convictions for the same charge would result in a minimum mandatory jail term of three months.

Of course, this bill isn’t law yet, and there are some powerful groups who have voiced their passionate opposition. For example, the American Civil Liberties Union has argued that the images are constitutionally protected under the First Amendment, even if they are offensive.

Similar measures, like one in Florida that would have made such action a felony, have sputtered out prior to passage.

The law in California was inspired by the suicide of a 15-year-old girl from Northern California, who reportedly hung herself little more than a week after three male classmates took and posted photos of themselves sexually assaulting her while she was passed out drunk at a party. The teens were later arrested on charges on charges of sexual battery.

Even if the girl had not been sexually assaulted or committed suicide, the boys in that case still might have faced criminal charges – and serious ones – due to the girl’s age. Transferring, selling, distributing or even importing sexually explicit photographs of someone who is underage is a felony under state law, and may also be prosecuted at the federal level.

Contact Houman Fakhimi trial attorney at (714) 705-6701 as soon as possible if you are arrested in Riverside.

Additional Resources

Proposed Law Would Make “Revenge Porn” a Crime, June 4, 2013, By Samantha Tata, NBC Los Angeles.