A break up. Naked photos. Public sharing on social media. These three, commonly tied together factors led to the creation of a law that charges individuals of a misdemeanor crime for publicly leaking nude photos of someone without their consent with the intention to cause harm.
"Revenge porn" is the California law that came into effect after a man wanted to get back at his ex-girlfriend by posting a topless photo of her on her bosses Facebook page laced with comments like "slut" and "drunk," urging him to fire her.
Before the October 2013 case there were no laws to convict the man for his actions, which is why "revenge porn" was enforced, convicting inviduals who intentionally and publically post another person's explicit content with the intention of causing damage to the person. Cyber exploitation is a widespread issue that causes a lot of harm and emotional distress among victims.
Attorney Gen. Kamala Harris was recently quoted in an interview saying ""We are breaking ground in California on an issue that is affecting people around the country, in particular, women." California is one of 13 states that makes cyber exploitation a serious crime.
Across California, prosecutors are addressing the issue of cyber exploitation, handling numerous cases of "revenge porn" and revenge porn websites. In some cases, owners of these sites ask money from the victims if they wish to have the images taken down.
An associate professor of Law at the University of Miami Mary Anne Franks, believes that those who commit these crimes are essentially depriving people of their fundamental right to exercise control over to access of their own bodies. The professor further stated that the longer they are allowed to do so without any consequences, instances like these will continue to happen.
Many believe that the law still needs further revision, as it is far from perfect. Currently, the law requires that any victims must demonstrate that they truly suffered emotional distress, which can often create more trauma for an individual.
If you would like to receive more information regarding California laws on cyber exploitation, speak with a Los Angeles criminal defense attorney at Lessem, Newstat & Tooson, LLP today.
