After a bad breakup things can get nasty and feelings are often hurt. But think twice before you post any nude pictures of your ex online. If you post a picture of your ex online that reveals an intimate body part and your ex is identifiable in the picture or if the picture shows your ex engaged in a sexual act, and your ex believed the image would remain private, and can claim that you should know distribution of this image would cause distress, you can be arrested for what is commonly referred to as "revenge porn" in California.
Penal Code section 647, subdivision (j) (4) (A), states, "Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
Section 647, subdivision 647, subdivision (j) (4) (B) explains that a "person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image."
Section 647, subdivision (C), defines "intimate body part" [as] any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
Penalties
This is a misdemeanor with a penalty of up to six months in jail and a $1,000 fine.
If you are viewing this warning too late, and your arrest occurred in the Los Angeles metro area, and you would like a recommendation for an experienced criminal defense attorney, you can contact me at esserlaw@gmail.com .
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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