Revenge Porn

Wais Azami is a great criminal attorney who routinely defends against charges such as “revenge porn” in California. Mr. Azami has years of experience as one of the OC’s top criminal defense lawyers. We specially cater to the residents of Garden Grove, Anaheim, Santa Ana, Costa Mesa, Fullerton, Westminster, Tustin and Huntington Beach. We are centrally-located to all courts in OC.

California statute that makes revenge porn a criminal offense:

Revenge Porn (PC 647j4) is a misdemeanor which makes posting of sexually explicit images or videos of a person online, without permission/consent. And in doing so causes the person to suffer serious emotional distress.

Explicit images mean pictures of private parts such as breast, genitals and/or or anus.

Defenses for charges of revenge porn under PC 647(j)4:

• no intentional distribution,
• no intent to cause emotional distress, and/or
• consent

Penalties for charges of revenge porn under PC 647(j)4:

• up to six months in county jail, and/or
• a maximum fine of $1,000
• Possible Immigration Consequences
• Possible Disqualification from Government Assistance Programs

How California Defines Revenge Porn:

Penal Code 647.

Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(4) (A) A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

(B) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

• The distribution is made in the course of reporting an unlawful activity.
• The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
• The distribution is made in the course of a lawful public proceeding.

(Amended by Stats. 2020, Ch. 370, Sec. 229. (SB 1371) Effective January 1, 2021.)

Have you been accused of revenge porn?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our revenge porn defense lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.