Technology has made communicating an almost instantaneous experience, and the law has had to catch up to the digital age. It is now incredibly easy for romantic partners to exchange sexual photos and videos with each other. But what happens when that content is sent to others?
It is somewhat common for jilted exes to enact revenge by sending private photos and videos of their former partners. A person may now be criminally charged for sending sexually explicit materials of someone else without their consent to harass or antagonize them. Charges vary depending on the victim’s age. Talk to an attorney if you find yourself accused of such an offense. If you had the alleged victim’s consent to disseminate the material or you were not the one spreading it around, we can help you mount a defense. Even children who send sexually explicit material depicting other children can be charged. In some cases, convicted defendants end up as registered sex offenders.
Call The Law Offices of Lloyd Long at (215) 302-0171 to speak with our Philadelphia criminal defense lawyers for a free, private case evaluation.
What is Revenge Porn and Does it Lead to Criminal Charges in Pennsylvania?
The term “revenge porn” was coined to describe the act of sending sexually explicit materials depicting someone else to other people without the depicted person’s consent. This is a relatively new criminal offense on the books in Pennsylvania. As texting, emailing, and communicating online have become faster and more prevalent, sending illicit photos and videos to numerous other people is incredibly easy. As such, instances of revenge porn have become fairly common.
According to 18 Pa.C.S. § 3131(a), a person may be criminally charged for sending revenge porn. More specifically, person may be charged if they send sexually explicit content with the intent to harass, annoy, or alarm a former or current romantic or sexual partner. The content must show the victim in a state of nudity or engaging in sexual activities.
Revenge porn charges often arise when romantic relationships sour. For example, a girl might break up with her boyfriend, so he sends nude photos of her to all their mutual friends to humiliate her. Revenge porn might also occur as a form of abuse. One partner might spread nude photos of the other if they disobey them.
How this offense is graded varies based on the ages of the people involved. You can be charged with a first-degree misdemeanor when the person depicted in the sexual content is a minor. They might also be hit with charges related to the dissemination of child pornography. A defendant may instead be charged with a second-degree misdemeanor when the victim is an adult.
Defense Against Revenge Porn Charges in Pennsylvania
Like any criminal case, our Bucks County, PA criminal defense attorneys can help you develop an effective defense strategy. One such defense is specifically mentioned in the statute for revenge porn. Under 18 Pa.C.S. § 3131(b), it is a defense if the person depicted in the sexual content consented to have it disseminated. It is not that unusual for someone to agree to have sexual images of them sent to others only to regret the decision later. They might falsely accuse the person who sent the images in an effort to save face.
Another possibility is that the content is not sexual. The victim must be depicted naked or participating in some sexual act. If a picture or video depicts neither, the content should not be considered revenge porn. For example, sending a photo of someone in a skimpy bathing suit on the beach is not revenge porn. The person is not naked and not engaged in a sexual act.
Perhaps you sent the content without the intent to harm the victim. The law requires that the defendant intends to harass, annoy, or alarm the victim. Perhaps you sent the photos for another reason. This is a good defense strategy for defendants who sent sexually explicit photos by accident.
Still, maybe the defendant had no control over the image or was not responsible for disseminating it. Maybe someone used your phone or computer to access nude photos of your romantic partner and sent them to others without your knowledge. Since the photos were sent from your device, it might appear as though you are responsible.
Can Minors Be Charged Under Pennsylvania’s Revenge Porn Laws?
Revenge porn sounds like a very adult offense, but children may also be charged. In fact, revenge porn cases among kids and teens are more common than many people realize. Young people are often more technologically savvy and are used to exchanging photos and videos through text or social media. Teen romance is a common factor in many revenge porn cases.
What many young teenagers might not know is that when they send sexually explicit photos and videos of their partners, they might violate child pornography laws. Sending any content that depicts a minor in a sexually explicit way may be considered the dissemination of child pornography. As such, young people and their parents are often shocked to find they are charged not only with revenge porn but also child porn offenses.
Revenge Porn and the Sex Offender Registry in Pennsylvania
A major question defendants have when facing criminal charges related to sexual offenses is about the sex offender registry. In Pennsylvania, certain sexual offenses may trigger Megan’s Law, and a conviction might come with registration requirements.
Only specific offenses may put someone on Pennsylvania’s sex offender registry, and revenge porn cases involving adults are not one of them. However, if a case involves a victim who is a child, the defendant might also face child pornography charges that will require them to register as a sex offender if convicted.
Speak to Our Pennsylvania Criminal Defense Attorneys if Someone Accuses You of Sending Revenge Porn
Call The Law Offices of Lloyd Long at (215) 302-0171 to speak with our Paoli, PA criminal defense lawyers for a free, private case evaluation.