Description

A person who intentionally distributes the image of the intimate body part or parts of another, or an image depicted in an act of sexual intercourse, or in which the person depicted participated, under circumstances in which the persons agreed or understood that the image shall remain private, may be charged with Revenge Porn or Nonconsensual Pornography.

What does the prosecutor have to prove?

1. Defendant intentionally distributed the image of the intimate body part or parts of another identifiable person.
OR
1. Defendant intentionally distributed the image of a person depicted engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration.
OR
1. Defendant intentionally distributed the image of masturbation by the person depicted or in which the person depicted participates.
2. Defendant knew or should have known that the distribution of the image would cause serious emotional distress and the depicted person suffered serious emotional distress.
3. Defendant distributed the image under circumstances where the parties agreed or understood that the image shall remain private.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No