What Is Revenge Porn? New Yorks Newest Crime -

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What Is Revenge Porn? New Yorks Newest Crime

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There has been more attention to revenge porn in recent years. There are a few ways to get around it, but recently there have been proposals to end that. The line between what is legal and what isn’t is a little blurry. But, if you aren’t sure about whether or not they apply to you; they probably do. If you are on the illegal side of the issue, the restitution can be a heavy one. This is an issue that everyone should be aware of, if for no other reason than to be sure you don’t accidentally break the law.

Revenge Porn: What is it?

Revenge Porn is the explicit material which is taken of someone and released by someone else. The most common form is two people taking photos while being intimate and one releases it without permission. This tends to happen after a breakup or bad parting of ways. Once someone releases the photos or videos to the public without the other’s consent, it becomes revenge porn. Often this is not only without consent, but it is also meant to cause stress or discomfort to the party; hence the word “revenge.” The material tends to be released on websites which are made specifically for these purposes. But, where it is released, or the method isn’t as important as the fact that it is pornographic and without the consent of the other party.

Revenge Porn: Is it Legal?

The legality of revenge porn has a lot of factors. One is the state it happens in. There are only thirty-eight states with revenge porn laws; and the District of Columbia. These states have a legislature which dictates that any release of explicit material that is released without their expressed content, and for the intent of harm, is illegal. But, there are different specifications in different states. While the majority of it is that nothing is wrong with receiving the material person to person, that all goes out the window if the depicted individual is a minor. You do cross a line in sharing the images, but there is room to argue intent and if it was malicious.  States that do not have revenge porn laws see more cases of people who claim invasion of privacy, instead. This only proves that how you obtain them isn’t the problem. Sharing them is.

Revenge Porn: Sentencing

Revenge porn sentences depend on the state and city they are tried in as well as the circumstances. However; even a charge which seems lesser, like a privacy violation, can carry jail time and fines. You may also have probation for some years. This means court costs, costs for probations and any fees for testing that are mandatory. Convictions that relate to contribution to revenge porn sites will have a heftier price to pay. A man recently received a sentence of eighteen years in prison for conviction of running such a site. In some cases, you might have a lighter sentence, but registration as a sex offender is mandatory. This is even held true in states without revenge porn laws, where those cases are tried as the invasion of privacy.

Revenge Porn: Attorneys

If you have questions about revenge porn, you probably need to speak with an attorney. Even having questions means that you have crossed a line between legal and illegal. The question is which side of the line you are on. Researching online doesn’t offer a lot of clarification where the law is concerned, and you need to speak to someone who has a deep understanding of this focus of the law. They also need to understand the exact stipulations where you live. An attorney will tell you if your state has revenge porn laws and what they entail. They can also tell you what kind of case you have and how it could play out. You want to make sure that you are completely honest and get answers to all of your questions.

Revenge porn is something that is never ok. But, where they draw that line is the question. You don’t want to share explicit material without expressed consent. However, outside those details, it can get fuzzy. And we don’t always realize that crossing a simple line can also be breaking a simple law. Some of these laws require that there is consent, but also that there is a meaning to cause harm. Revenge porn can very quickly escalate from a bad decision made in anger into an illegal action that garners media attention. A man in Washington, D.C. is serving nine years for revenge porn. Because the District of Columbia has revenge porn laws, the sentence was more than some might have expected. Because your attorney makes all of the difference in these cases, you want to make sure that yours is knowledgeable and experienced in these cases. You can start your research here.