​Information on the crime of distributing sexual images to humiliate, also called revenge porn, is found at California penal code section 647(j)(4). This article discusses the law and punishment related to PC 647(j)(4). For further information, contact our sex crimes criminal defense lawyers today for a free and discreet consultation.

 

Note: PC 647(j)(4) is sometimes referred to as Revenge Porn. Essentially, revenge porn means to reveal sexually explicit images or videos of a person (typically distributed by a former sexual partner) without consent and for the purpose of causing the exposed person distress or embarrassment.

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PC 647(j)(4) "Revenge Porn" Law

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PC 647(j)(4)(A): A defendant is guilty of distributing nude images (revenge porn) when he or she intentionally distributes the image of the intimate body part of another person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, without consent, and where 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 (PC 647(j)(4)(A) [Abbrev.].

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An intimate body part means 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 (PC 647(j)(4)(C)).

 

Example: David and Janet break up after a long relationship. During the relationship, Janet consented to David taking nude pictures and videos of Janet (i.e., "sex tapes,"). Janet made the sex tapes with David with a mutual understanding that the sexual images and videos would be kept private between them. After David and Janet's breakup, David shared the sex tapes on social media with the intent to embarrass Janet, and Janet did suffer embarrassment from David's unauthorized distribution of the sex tapes.

 

Result: David could be charged with misdemeanor PC 647(j)(4).  

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PC 647(j)(4) Punishment

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Jail Sentence: Revenge porn is classified as a misdemeanor under PC647(j)(4)-M. If found guilty of PC 647(j)(4), the defendant may be sentenced up to one hundred eighty (180) days in county jail.

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Probation Sentence: A probation sentence is period of supervision instead of jail. Probation sentences are allowed in PC 647(j)(4) cases, but they are not guaranteed. Whether or not a defendant will be allowed to serve a probation sentence after a conviction for PC 647(j)(4) depends on many factors, including the egregiousness of the case and the defendant's criminal history, if any.

 

For more information, see Probation & Parole for CA Sex Crimes.

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Sex offender registration: Sex offender registration is not usually required upon a conviction for distributing nude images to humiliate. However, in some cases, where the judge finds that the defendant’s criminal conduct was motivated by sexual compulsion, then the judge may order the defendant to register as a sex offender for ten (10) years (PC 290.006). For more information, see Sex Offender Registration Requirements.

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Additional Penalties: Other penalties related to a penal code 647(j)(4) conviction include, but are not limited to, the following: criminal protective orders against the defendant (restraining orders), restitution to victims, fines and court fees, loss of professional license and loss of immigration status or deportation (for non-United States citizens), civil lawsuits for invasion of privacy and intentional infliction of emotional distress, and more.

 

PC 647(j)(4) Defenses

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All distributing nude images to humiliate cases are different; therefore, any defense to a PC 647(j)(4) case should be uniquely crafted to meet the facts of the criminal charge. With that in mind, the most common defenses to PC 647(j)(4) crimes include: consent of the alleged victim to distribute the sexual images or videos, accidental distribution of the sexual images or sexual videos (lack of intent to humiliate, embarrass, or cause distress), statute of limitations, coerced confessions by law enforcement, illegal search and seizure of evidence, insufficient evidence to prove source of the distribution, and more.

 

For further information on defenses to PC 647(j)(4) allegations, including a discussion of the statute of limitations for penal code 647(j)(4), see Defense Strategies in CA Sex Crimes.

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If you are charged with a violation of penal code 647(j)(4), distribute nude or sexual images or sexual videos to humiliate, embarrass, or cause distress (PC647(j)(4)-M), call our sex crimes criminal defense lawyers today for a free and discreet consultation. Our sex crimes defense attorneys are experienced and dedicated to the defense of sex crimes criminal allegations. Our attorneys are available seven days a week to discuss your case. Call today!

 

909-913-3138

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