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Revenge Porn - Invasion of Privacy

Revenge Porn - Invasion of Privacy

California Penal Code § 647(j)

California has several revenge porn statutes. In 2013, the California legislature added “revenge porn” as a crime under California Penal Code § 647(j)(4). The statute makes it a misdemeanor offense to intentionally distribute images of another identifiable person depicted in a sexual act “under circumstances in which the persons agree or understand that the image shall remain private.”

Civil Code § 1708.85

California also recognizes a civil revenge porn claim under Civil Code § 1708.85, which creates a private cause of action against persons who intentionally distribute private images depicting an intimate body part of another.

Penal Code 647, Civil Code 1708.85 and Privacy

It is a misdemeanor to distribute sexual / nudge photos of an ex.

You can sue your ex if they post explicit photos of you.

Privacy applies to the distribution of consensually-taken images.

Revenge Porn Law

Michael Devereux is a highly respected attorney in Los Angeles with an emphasis in Internet matters through social media such as revenge porn. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of Internet matters, including revenge porn, privacy, use of likeness on social media makes Mr. Devereux an elite revenge porn attorney. Mr. Devereux started his own firm in 2004 after working for the Cochran Firm, and assisting with the Robert Blake and Michael Jackson defense teams under Thomas Mesereau. As the sole proprietor of Wexford Law, Mr. Devereux has been successfully representing clients for close to 20 years in respect to revenge porn and privacy. Former clients, their family and friends repeatedly return to Wexford Law for help in matters involving Internet matters.

Michael Devereux, An Elite Revenge Porn Attorney

California has several revenge porn statutes.  In 2013, the California legislature added “revenge porn” as a crime under California Penal Code § 647(j)(4).  The statute makes it a misdemeanor offense to intentionally distribute images of another identifiable person depicted in a sexual act “under circumstances in which the persons agree or understand that the image shall remain private.”

California also recognizes a civil revenge porn claim under Civil Code § 1708.85, which creates a private cause of action against persons who intentionally distribute private images depicting an intimate body part of another.

Both of these statutes apply to the distribution of consensually-taken images.  For example, the circumstance presented under § 647(j)(4)(A) oftentimes is when a victim consents to the picture taking during a consensual sexual relationship, and the victim and victim’s partner agree not to distribute the image, but the image is distributed after the relationship is ended. 

For this reason, the statutes have never been used to impose liability against media publishers because it has been impossible to show that publishers had an agreement with the subject that the images were to remain private.

Posters who lawfully obtain information, even if they know or have reason to know that the information was unlawfully obtained by another, cannot be held liable for publishing newsworthy (emphasis) stories about the material.  Bartnicki v. Vopper, 532 U.S. 514, 535 (2001).  So for the typical person the material cannot be reposted, and if it is then it is likely a liability.  But for the celebrity or politician it is fair game.

Consistent therewith, California’s civil revenge porn statute expressly recognizes that “[t]here shall be no liability on the part of the person distributing [sexually explicit materials] [where] … [t]he distributed material constitutes a matter of public concern.”  Cal. Civ. Code § 1708.85(c)(4).

FAQ

Posting revealing or sexually explicit images or videos of a person on the Internet or other digital media, typically by a former sexual partner, without the consent of the subject and in order to cause them distress or embarrassment.

States without specific laws about revenge porn have seen lawsuits alleging invasion of privacy, public disclosure of private fact and intentional infliction of emotional distress against the individuals who uploaded the images. Forty states, including California, have anti-cyberharassment laws that may be applicable to cases of revenge porn

Invasion of privacy is the unjustifiable intrusion into the personal life of another without consent.

The four most common types of civil actions not discussed above include:
Appropriation of Name or Likeness
Intrusion Upon Seclusion
False Light
Public Disclosure of Private Facts

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