What Is Revenge Porn?
Revenge porn is an increasingly serious problem in the age of digital photography and social media. It is classified as a cybercrime and seen as an act of cyberbullying. Revenge porn, by definition, is the intentional distribution of nonconsensual, sexually explicit photos of another person. Often, these are derived from sexting. These photos are typically posted online by a current or former partner in an act of revenge against the victim. There are cases where photos are obtained by a hacker and posted without permission. There are laws in place to protect individuals. However, the many legal ramifications of revenge porn are still being determined. This is based on the long-term and aggravated nature of the effects of this type of crime on its victims.
The Facts About Revenge Porn
Two key elements in revenge porn cases are the act itself and the online distribution of private photos. Criminal statutes and civil laws in each state address both the offense against the individual and the right to seek damages for harm caused.
When third-party websites post these photos, legal issues become more complex. Website owners often invoke federal laws to avoid liability, and as revenge porn laws are still evolving, legal definitions and protections continue to adapt to this growing issue.
For those unable to remove photos through personal appeals, pursuing legal action may involve suing both the individual who shared the material and any sites or social media platforms where the images appear.
Important Federal Implications Surrounding Revenge Porn Laws
To understand the scope of this crime, it is important to clarify how revenge porn intersects with current and proposed federal regulations. The protection of both individual and company rights overlaps in precarious ways.
First Amendment
One important area is determined by the First Amendment, which guarantees the right of free speech. For example, a news company may publish explicit photos as part of a sex crime investigation. This could be justified as a legitimate use in terms of public interest.
Communications Decency Act
Revenge porn sites have used Section 230 of the Communications Decency Act to defend their actions. This federal law gives immunity from prosecution to websites for content posted to their sites by third parties. This edict may be challenged if the webmaster or the website assists with the conveyance, publication edits, and development of the photos.
Malicious Deep Fake Prohibition Act
Technology now allows one person’s face to be seamlessly placed onto another person’s body, creating what’s known as a deepfake. While Congress introduced deepfake pornography legislation in 2018, it didn’t pass into federal law. This type of revenge porn is complex because the image isn’t technically real. To prosecute, there must be proof that a viewer would recognize the plaintiff’s face, making it challenging to establish harm without clear evidence of identifiable impact.
Lawsuit Considerations for Revenge Porn
Revenge porn is a problem for people of both sexes and varying ages, but many incidents are reported by teens and young adults. This crime is predominantly perpetrated against young girls and women.
As of 2019, 46 states have passed laws criminalizing revenge porn acts. If you are a victim, it’s important to know the legal process.
Police Report
The first step is to file a report by calling or visiting a police department. Police will investigate the crime, and if charges are warranted, the case will then be referred to the court system.
Representation
If your case is referred to a prosecutor, seek an attorney to represent you immediately. These cases are uniquely complicated, so filings need to be carefully handled from the start.
Criminal Case
For now, criminal cases are governed by state laws. Currently, many states deem first acts as misdemeanors, punishable by jail time and fines. Additional violations could result in felony charges, which can bring longer incarceration and heavier fines. Some states make first convictions a felony. An example is in Illinois, where a defendant is charged with a felony for their first act and, if convicted, the plaintiff can seek economic and punitive damages in a civil action.
Though laws differ by state, these are common areas of agreement about what constitutes the crime of revenge porn used by a person with the intent to harass or annoy another person:
- Shows the genitalia, female breast or anus of a person
- Distributes or publishes digital or printed photographs, videos, or films of a person
- Shows a person engaging in a sexual act
Civil Litigation
Some states allow victims to seek civil damages. These damages are usually awarded as follows:
- Monetary: These are damage claims based on emotional and reputational harm.
- Statutory: These are set amounts based on each violation.
- Punitive: These help pay for attorney’s fees and costs related to the lawsuit and are intended to punish the defendant.
- Injunctive Relief: A court can order a defendant to destroy photographs, take down websites, and refrain from causing further harm.
Additionally, victims may receive a damage finding that allows them to get financial reimbursement equal to the defendant’s gain from a posted image or images.
Legal Representation
Due to the complications involved in these types of cases and the burden of proof needed in litigating intent, personal harm, and the removal of photographic materials, victims of these acts need experienced legal representation.
States have widely varying laws related to revenge-porn suits, so individuals need to discuss with an attorney how their case might proceed given where they reside.
Work With an Experienced Local Lawyer
Revenge porn is a crime with insidious and ongoing concerns. In addition to the crime itself, victims report being harassed and stalked by persons who have seen their photos online.
Obtaining an experienced criminal attorney is the first step, so you have the necessary representation to protect your rights. You may also need to hire a civil attorney who will litigate personal damages and assist you with the removal of images from the internet or file other legal actions. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
