What are the Legal Consequences of Posting Nude Pictures of Your Ex Online?

Of the states in the Union, nearly all of them have adopted laws specifically targeting perpetrators of so-called “Revenge Porn”. If you live in California or New Jersey, penalties can be especially harsh. In New Jersey, for instance, you can be fined up to $30,000 in addition to whatever jail time you might receive. California judges can put perpetrators in jail for up to six months, in addition to fining them $1,000.

Revenge Porn Defined

The first step in prosecuting a crime is to define what happened and the effects of it. Revenge porn is described in legal terms as: transmitting videos or images where the subject is nude or engaged in a sexual act, without the consent of that subject.

Revenge porn is fast becoming a serious crime, and legislators are also responding to overly vague language that sometimes hurts this type of legislation. Laws are written to try and be inclusive, but the language can sometimes act as a legal loophole that makes prosecution difficult. Lawmakers seem intent on keeping pace with this change in behavior. In California, SB 255 was used to further classify revenge porn, and to label it as a misdemeanor.

In some countries, posting revenge porn can be considered a sex crime. It’s not to that degree in America, but you can certainly be arrested. Once arrested, the police can also choose to make an example out of you by releasing your full name and linking it to the alleged crime. Plus, anything that happens in court becomes public record. If you value your reputation, think twice before seeking this kind of revenge. Whatever happened between you and your ex isn’t worth risking both of your futures.

Should you be charged with any type of internet crime, call Attorney Michael Berg.  Michael is a Certified Specialist in Criminal Law, certified by the State Bar of California, Board of Legal Specialization.