San Diego Revenge Porn Defense Attorney

Often called revenge porn, nonconsensual distribution of intimate images is addressed by Penal Code section 647(j)(4). The statute concerns intentional distribution of qualifying intimate images of an identifiable person under circumstances involving an understanding of privacy, knowledge or reason to know of likely serious emotional distress, and resulting distress, as required by the applicable provision.

A revenge motive is not necessarily an element. Consent to creating or privately sending an image is not the same as consent to distributing it. The law’s definitions and exceptions must be reviewed rather than assuming all images or sharing situations are treated identically.

Important questions include who controlled the account, whether distribution was intentional, whether the depicted person was identifiable, the privacy understanding, consent, and the evidence of distress. A missing express statement about privacy does not automatically mean there was no privacy agreement; circumstances can matter.

A screenshot may omit surrounding communications or fail to show the sender reliably. Counsel can review complete records, attribution, search procedures, and statutory exceptions. Do not assume that deleting a post resolves criminal liability or removes the need to preserve evidence lawfully.

A first qualifying offense is generally a misdemeanor that can involve jail, a fine, and probation. Repeat offenses or other statutory circumstances can increase punishment. Cases involving minors, threats, extortion, unlawful recording, or fabricated material may implicate additional laws and require separate analysis. Registration is not determined by the informal label alone.

Do not contact the reporting person to seek a retraction, and follow any protective order. Do not copy or forward potentially illegal material; ask counsel how to preserve evidence. James N. Dicks is a Certified Criminal Law Specialist and former detective. Call jD LAW at (760) 630-2000 for a free San Diego consultation.