Recently, sexual images and pornographic videos are often being distributed on the internet without the consent of the people involved in the sexual acts. Revenge-seeking former lovers or even spouses often share them. These photographs and films are the ultimate betrayal and can cause lasting shame and embarrassment.
Measures Pennsylvania has Taken to Curb This Behavior
Pennsylvania is actively trying to curb this behavior by passing a Revenge Porn law to charge and prosecute these offenders. This law is referred to as the Unlawful Dissemination of Intimate Images and can be found in Section 3131 of the criminal code.
It forbids anyone from distributing a visual depiction of their current or former sexual partner in any state of nudity or engaging in sexual conduct without their consent to harass, annoy or disturb that person.
How does the Court Define Nudity?
While nudity may seem obvious, the law has a specific definition. For the purpose of the Unlawful Dissemination of Intimate Images law, nudity is defined as follows:
- Genitals
- Pubic area
- Buttocks
- Female breasts below the top of the nipple
When exposed without a fully opaque covering, these body parts are considered nudity by this law. Showing them without expressed consent is in violation of the statute.
Pennsylvania Revenge Porn Penalties and Fines
Showing photos of your ex-sexual partner’s breasts or private parts without consent can get you into serious trouble. The consequences get even steeper if the person in the photos or videos is a minor child. Here are some of the penalties outlined by the law:
- Distributing photos or videos of a minor is a 1st-degree misdemeanor. If convicted, it could carry a maximum of five years in prison and a fine of $10,000.
- If the person whose images are being distributed is an adult, it is considered a 2nd-degree misdemeanor. If convicted of this charge, the distributor of the material can face up to two years in prison and a fine of $5,000.
These are severe penalties that will alter the life of the convicted party. If you are suspected of revenge porn, you should contact a revenge porn criminal defense attorney as soon as possible to begin mounting a defense.
How Will a Criminal Defense Attorney Defend Against an Unlawful Dissemination of Intimate Image Charge?
The person in the photograph or video may have consented to its creation. They may have willingly participated in the film, but that is not a defense. If it was disseminated without their permission, this is where the crime lies.
Some typical defenses are as follows:
- Lack of intent to harass, annoy or alarm when the images were shared
- Absence of proof of possession or control of the images
- That the distributor had consent
- Lack of visibility in the photos or images, it is possible to argue that the person is not recognizable.
- The distribution was accidental.
Speaking to the police about the images, especially if the suspect admits to having or broadcasting them, can make proving guilt much easier for the prosecution. If you have been questioned regarding a revenge porn case, it is crucial that you contact a criminal defense attorney.
Unlawful Dissemination of Intimate Image Attorney in Pennsylvania
To avoid significant fines, possible jail time, and the destruction of your reputation and possibly your career, you need to beat the charges against you. Contact West Chester, PA, the legal team at Ciccarelli Law Offices, to help you fight these charges. Our Pennsylvania criminal defense lawyers have successfully defended clients charged with the state’s revenge porn laws. We have the experience to fight for you. Reach out today for advice on how to proceed.