The dawn of the new era of technology has also given birth to many new ways of exploitation. For some individuals, the problem is in the existence of many cybercrimes that aim to create financial damage towards them. For others, they experience online exploitation through what is now called revenge porn.
This article will talk about revenge porn and how it is prosecuted generally in the United States.
What is Revenge Porn?
If you watch the news or read some information on Twitter or other social media, then you have probably been introduced to the concept of revenge porn.
From a layman’s perspective, revenge porn is the posting online of explicit photos of people without their permission. The perpetrator of revenge porn is often the ex of the individual who is the subject of the graphic images or a person related to the previous relationship.
Also known as non-consensual porn, revenge porn includes the publication online of explicit photos of an individual. There are a handful of elements related to this crime. Let us discuss the aspects in the succeeding sections:
There must be the existence of explicit photos.
One element of prevention is the fact that there is an existing pool of photos or even just a single image. The explicit images may be in a digital form and published online, or they may be photos taken in a film and then posted online.
There is also no specific format for the existence of explicit photos. The photos may even be in the form of a video or a gif format. As long as the graphic nature of the content is done, there is a right to prosecute under the laws of revenge porn.
There must be a publication or online posting of the explicit photos.
It is then a factor that explicit photos were published online for the crime to be considered as consummated. Here there is no specific platform for a particular application where the images would have been published. As long as the explicit photos have been published online, the crime is already considered to exist.
Prior Existing Relationship or Related to that
The explicit photos must have been taken during the time of the subsistence of the relationship. The graphic images are often taken when the subject of the images and the person who published them were still in a relationship.
The posting must have been done by the ex of the photo’s subject or one in a previous relationship with the matter. In this element, it is essential to determine who made the publication online properly. If the publication was done by a stranger or someone not related to the photo’s subject matter, a different crime is committed and not the crime of revenge porn.
There must be a lack of consent to publish.
The lack of consent to publish the photos online is an essential element of revenge porn because there are different levels of consent that are related to this crime. In the case of non-consensual porn or revenge porn, the subject may have given his or her consent at the time of taking the explicit photo.
In some cases, it is even expected that the subject of the photos may have been the one who took the photos themselves and sent them to be accused. The controlling element where the lack of consent comes in is during the type of the publication of the explicit photos of the subject.
Hence, even if the subject matter of the explicit photos where the one who sent the photos to the accused and accused published them online after their breakup there is still a liability that occurs.
Some Questions and Answers
To adequately address the questions and concerns that you may have about revenge porn, we have created a shortlist of some common questions and answers related to this crime. The following are the questions and answers:
How many States are now criminalizing revenge porn?
As of writing, there are now 46 states plus the District of Columbia that have targeted legislation that criminalizes revenge porn or non-consensual porn. While the criminal statutes are made different per state, it is clear that every single state in the United States is already looking at making this a crime nationwide. Here’s Michigan’s law concerning revenge porn.
Is there a specific site where publication is considered revenge porn?
No, there is no specific website where the publication of explicit photos are considered revenge form because the legislation covers all websites.
Is there an age requirement that differentiates revenge porn from child pornography?
It depends on the state that is prosecuting the crime. Of course, if the photo subject is a minor individual who posted the photo is already considered guilty of child pornography. This is especially true even if the subject of the images gave their concept to the taking of the photos.
Defending Revenge Porn
Now that you know the prosecution of revenge porn is often faced with the swift hands of justice, it is essential to know that you also have a team that can help you out with your specific needs. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are charged with a crime involving the dissemination of sexually explicit material, you need a Southfield criminal defense attorney by your side. Contact Haque legal for more information and for the assistance you need. We are available 24/7 and make jail visits for free consultations.
The post What is Michigan’s Revenge Porn Law and Exploitation Crimes appeared first on Haque Legal.