California Creates New Revenge Porn Law

The spiteful practice of making public nude photographs of an ex-romantic partner is now illegal in California. The law only covers photographs or videos taken by the spurned ex, and not photos you take by one’s self. Many think that the law does not go far enough, attempting to combat the thinking that if someone sends an intimate or revealing photo to another, that the sender was to blame for sending the picture.

Many feel that viewing pornography is a healthy way of exercising one’s physical desires. For some, this means sending pictures of their private areas, risqué photos of themselves in lingerie, as well as other photos that could be considered racy. The problem that many find when facing the consequences of reputation damage is that many do not have a way to relieve themselves of the problems they will face once the pictures or videos are out there.

Currently in Florida, there is no criminal statute barring pictures or videos that are of a <a href=""pornographic nature from being uploaded to the internet or sent to others for viewing. The only course of action a victim could take in this instance is to sue the exposer in civil court, and many times, are able to secure a judgment against the exposer. However, if the law is now going to punish the exposer criminally, so long as the pornographic video or picture was not taken by the actor in the porn, whoever the exposer is, will be criminally charged. This means every person who has ever uploaded a pornographic item, whether or not they personally took it or not, could be considered guilty.

Where many get in trouble with the law in Florida criminally, however, is with possession of child pornography. Many times, people do not think anything of the video they took of their girlfriend or boyfriend, or the pictures of their private areas from 2 or 3 years when one of the parties was a minor. However, even if the person in the material is now an adult, the material is still considered child pornography.

What is unfortunate is that many prosecutors, police, and other parties fail to realize that a computer may be used by others in a home or office. This failure to investigate thoroughly, many times, makes a victim out of an innocent party.

For someone who is being investigated for and charged with child pornography, depending on how much evidence is found and the severity of the Judge’s opinion, an accused party could serve a very long time in federal prison. For example, a 16 year old boy records a video of his girlfriend performing a sexual act on herself. Long after they have broken up, and after both parties are adults, the boy uploads the video to a porn site from the family computer. Shortly after, the police spring in the house and serve a warrant for child pornography, where they find the video on the family computer, which is registered to the father of the household. Depending on the amount of evidence presented, that innocent father could spend anywhere from five to twenty years for the crimes he is accused of. Many times, these are cases of someone who was wrongfully accused, and great injustice would be done by locking them away for any amount of time.

When a child is involved in any sort of crime, most attorneys, Judges, and other members of the community’s hearts are hurt. Unfortunately for the accused, this means that public pressure as well as personal anger many times back a decision to prosecute the first possible defendant law enforcement can find. This process is extremely detrimental to the life and dignity of a private citizen who has now become a defendant a criminal prosecution.

Many times, other users of the same computer are the culprit, causing one to be blamed for a crime one would not commit oneself. Unfortunately, even after there is enough evidence that might show that the accused is not the actual perpetrator, the prosecutor in charge will refuse to drop the case. Many times, this will be discouraging to the accused, because one is struggling to prove one’s innocence and the State seems to know that one is innocent.

Many times, the accused in criminal prosecution will face a slew of officials who are determined to put one behind bars. However, if one in a situation like this obtains an experienced Jacksonville child pornography crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected, one can be sure that even though the State is one’s enemy, one’s experienced attorney will be able to win the battle for one’s freedom.

The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Source: Revenge porn now illegal in CA: Punish criminals who violate trust

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