Revenge Porn Defense Lawyer
What is Revenge Porn?
Revenge porn is the sharing or distribution of sexually explicit images or videos of individuals without their consent. According to the National Association of Attorneys General, at least 223 million Americans use social media daily. We can only assume that number has increased over the past two years, with 84 percent of those between 18 and 29 using social media regularly. While those numbers might not surprise you, it might be an eye-opener to learn that an estimated 4 out of 5 adults have sent or received an explicit photo or text.
When a sexually graphic image or video of an individual is shared on the Internet (including on social media) by a current or former intimate partner without that individual’s consent, it is considered “revenge” or nonconsensual pornography. In many cases, the explicit photo or video is posted with the victim’s name or other identifying information. It may be linked so that an Internet search of the victim’s name will pull it up.
Revenge porn may be accompanied by other criminal offenses, such as hacking, “sextortion,” harassment, stalking, and even sexual abuse. Revenge porn can cause embarrassment and emotional distress to the victims. While the revenge porn laws of many states have been challenged, so far, state supreme courts have dismissed these challenges.
Is Revenge Porn a Crime in the State of Utah?
Utah’s revenge porn laws are defined in Utah Code Section 76-5b-203. If you find yourself being accused of distributing pornography or revenge porn online without the other person’s consent, you face severe criminal and collateral penalties. You could be sentenced to jail or prison, be forced to pay large fines, and have a criminal record that will follow you for a very long time.
These consequences are accompanied by the negative stigma associated with being charged with revenge porn. Revenge porn can be charged whenever an intimate image is distributed to a third party with the “intent to cause emotional distress or harm” to the person in the image. The prosecutor has the burden of proof to show the following:
- The person in the image was at least 18.
- You provided access to, granted admission to, gave, provided, wholesaled, retailed, displayed, exhibited, or sold the image—in other words, you shared the image on the Internet.
- Photographs or videos must be “intimate,” meaning they must be sexually explicit. This includes sexual intercourse, exposed genitals, or a woman’s breast even if it is shown beneath see-through clothing.
- There was no consent on the part of the individual in the photo or video to distribute their image.
- The victim in the image had an expectation of privacy. For example, the video or photograph was taken in the bedroom during an intimate moment or in the bathroom as the victim showered.
Defenses to allegations of revenge porn will depend on the specific charges, circumstances, and facts. However, one defense could be that you did not share the image; rather, another person used your phone without your knowledge and shared the content. If you had no intent to share the image and did not share the image, then you cannot be held responsible. Another defense could be that the images in question did not rise to the level of intimacy described in the statute. Finally, the person in the videos or photographs may have given you consent to distribute the material.
What Are the Potential Consequences and Penalties for Distributing Revenge Porn in Utah?
If you face a first-time charge for revenge porn, you are facing a Class A misdemeanor. This could result in up to a year in jail and a fine of up to $2,500 if you are convicted. If you face a second or subsequent conviction for revenge porn, you face a much more serious third-degree felony offense, punishable by up to five years in prison and a fine of up to $5,000. Currently, those convicted of revenge porn are not required to register as sex offenders. However, a conviction for revenge porn will appear on criminal records, negatively impacting your ability to obtain employment, housing, or even a professional license.
Two years ago, the Utah legislature changed Utah’s revenge porn laws. Intimate photos were shared of a young woman, Lauren McCluskey, with a university police officer. Lauren had been murdered, and photos were shared with the police officer to aid in investigating her killer. The university police officer then showed the photos to others via his phone. At the time, no laws in Utah allowed the officer to be prosecuted because the statute required the victim to have experienced emotional distress. Because Lauren was dead, the court could not prove this element of the statute. The Utah Legislature changed the law to remove the requirement of emotional distress.
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How Can a Salt Lake City Revenge Porn Defense Lawyer from Conyers & Nix Help?
You must take these charges very seriously if you have been charged with revenge porn in Utah. Having a strong Salt Lake City revenge porn defense lawyer from Conyers & Nix on your side will make all the difference in the outcome of your charges. Attorneys Kate Conyers and Jesse Nix fight zealously for better results, never accepting the first offer. They use creative legal strategies that other lawyers may not think of or use. Judges and prosecutors know them and respect them and, by extension, they treat their clients better. When you hire Conyers and Nix, you get the experience, knowledge, and skills of both Kate Conyers and Jesse Nix because we work as a team—for your benefit. Contact Conyers & Nix today!