What people in California may know as “revenge porn” may also be a computer crime.
There are two California laws that authorities may use to charge a person engaged in certain revenge porn-related activities.
California Penal Code §653.2
Penal Code section 653.2 identifies using a computer, tablet, cellphone or other electronic technology to send unwanted or abusive photographs as a form of cyberbullying. It includes publishing pictures online, sending them through emails or making them available to download in an attempt to make that person fear that he or she is in danger of injury, unwanted physical contact or harassment.
The penalty for conviction of violating this law is a misdemeanor, which could result in up to a year in county jail, a fine of up to $1,000 or both.
California Penal Code §647(j)(4)
Penal Code section 647(j)(4), makes it illegal for a person purposefully to distribute any images of intimate body parts or the participation in sexual acts of another person without that person’s express consent. Not only must the individual who is identifiable in the images agree to having the images taken, but he or she must also consent to the electronic sharing of the images.
A violation of this section is a misdemeanor, but a person subject to prosecution this offense may also be subject to prosecution for a felony offense under other laws punishing similar conduct.