When someone is in a committed relationship with another person, they may choose to share intimate images of themself with their partner. While this is legal for people over the age of consent to do, sometimes, vengeful partners will take these explicit images and share them without the other person’s permission. This is commonly referred to as “revenge porn.”
In today’s digital landscape, it’s easier than ever for people to share nude images or explicit videos of someone without them knowing, and sharing such content could cause the victim to suffer from a great deal of emotional harm. Because of this, the punishments for anyone found guilty of sharing revenge porn can be serious and can have long-lasting effects.
If you have been accused of sharing explicit images of another person without their permission, Bossier City criminal defense lawyer Michael J. Vergis can help you fight these charges and receive a favorable outcome for your case. Call our law offices today at (318) 698-3724 to schedule a free consultation regarding your case.
What is Revenge Porn?
If a person shares a private image with their partner, a reasonable person could assume that the image would remain private. In some circumstances, however, the partner may share that private image without the consent of the person in the photo in order to distress or harass them. This is what is called “revenge porn.”
Revenge porn is a form of cyber sexual abuse and, as the name suggests, is usually done out of spite or a need for revenge. Many people distribute revenge porn as a way to get revenge on a former sexual partner or spouse, especially if their separation or divorce was messy.
With the advent of the internet and the prevalence of social media, it’s incredibly easy for people to share sexually explicit images with a large number of people. With these sites, someone could easily share revenge porn on a platform where countless people could see, which could cause the victim to suffer from a great deal of distress, embarrassment, and pain.
Is Revenge Porn a Crime in Louisiana?
Yes, Louisiana has a revenge porn law that outlines exactly what constitutes revenge porn and what punishments people may be subject to should they break this law. In almost every state in America, it is illegal to distribute revenge porn, but each state has its own qualifications as to what could be considered revenge porn and how harsh the punishment for that crime should be.
In Louisiana, knowingly sharing sexually explicit images or videos without a person’s consent, and sharing them with the intent to harass or distress the person depicted in them could constitute revenge porn. This law does not include sharing or possessing sexually explicit images or videos of a person under the age of consent in Louisiana., which is a separate crime entirely.
Louisiana R.S. 14:283.2
The Louisiana legislature defines revenge porn as the “nonconsensual disclosure of a private image” in La. R.S. § 14:283.2. Someone can be found in violation of this law if:
- They intentionally disclose an image of another person who is over the age of 17, is identifiable from the image, and whose intimate parts are either wholly or partially exposed;
- They obtained it under circumstances that would make a reasonable person believe that the image was to remain private;
- They knew or should have known that the person in the image did not consent to the image being disclosed; and
- They disclosed the image with the intent to harass or cause emotional distress to the person in the image, and they knew or should have known that disclosure of the image could harass or cause emotional distress to the person in the image.
Definitions
In the context of this law, an “image” is any photograph, film, video, digital recording, or other depiction or portrayal of an object, including the human body. The revenge porn law also outlines what “disclosure” of an image means. If an image or video is transferred, given, mailed, distributed, delivered, circulated, disseminated, or published on the internet, then it is considered to be disclosed.
The law defines “intimate parts” as a person’s genitals, pubic area, and/or anus. If a person is female, their nipples would also be considered intimate parts. If these intimate areas are unclothed, partially unclothed, or transparently clothed in an image or video, then the content would be considered sexually explicit and the nonconsensual disclosure of this kind of content could be considered revenge porn.
Exceptions
It’s important to note that if the person is not identifiable by the information displayed in the image, then the distribution of the image may not be considered in violation of this law. Additionally, if the image is of someone intentionally exposing their intimate parts in public, then the distribution of that image would not be considered illegal.
Louisiana’s revenge porn law does make exceptions for the lawful disclosure of these images in certain circumstances, like in criminal justice proceedings. For example, if someone is sharing the image with law enforcement to report it as a crime, the person who shared the image with law enforcement would not be in violation of Louisiana law.
What are the Penalties for Revenge Porn in Louisiana?
If someone is found guilty of violating Louisiana’s revenge porn law, they could face a fine of up to $10,000 and/or up to two years in prison with or without hard labor. Nonconsensual disclosure of a private image is a felony in Louisiana, which carries with it additional consequences. Felony charges can stay on a person’s record for the rest of their life, making it harder for that person to apply for loans, secure employment, and qualify for public benefits, among other things.
Do I Need a Criminal Defense Attorney for Revenge Porn Charges?
Yes, if you have been accused of violating the state’s revenge porn law, you should call a criminal defense attorney who can handle your case. The consequences of a revenge porn conviction are serious, and they can leave a permanent mark on your criminal record. Louisiana criminal defense attorneys, especially those with knowledge of sex crimes, will understand the law and know how to help your case or prove your innocence.
Affirmative Defenses for Revenge Porn Charges
An experienced criminal defense attorney will know what constitutes revenge porn under Louisiana law, which will allow them to build a strong defense in your favor. The revenge porn statute in Louisiana makes it clear what conditions have to be met for something to constitute revenge porn. If an act does not meet all of the conditions listed in the statute, then the crime may not be able to be classified as “revenge porn.”
If the private images were shared unintentionally, or if the person in the images is not identifiable, then the person accused of the crime may not be in violation of the law. Additionally, if it can be proven that the images were shared with the person’s consent, then the content may not be classified as revenge porn. All of these defenses could help the accused avoid imprisonment and avoid being charged with a felony.
Call Bossier City Sex Crime Defense Attorney Michael J. Vergis Today
Accusations of disclosing or distributing intimate images are serious, and they require a strong defense to fight against. If you have been charged with disclosing a sexually explicit photograph of another person without their consent, you need an experienced lawyer by your side.
With 25 years working as a criminal defense lawyer in Louisiana, and with an intimate knowledge of the Louisiana criminal justice system, Bossier City sex crimes attorney Michael J. Vergis can help ensure you receive the best outcome for your case. Call the Law Office of Michael J. Vergis at (318) 698-3724 or contact us online to schedule a consultation today.
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