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Revenge Porn

Revenge Porn n.- A form of sextortion or sexual assault that involves the distribution of nude/sexually explicit photos and/or videos of an individual without their consent. Revenge porn, sometimes called sextortion, cyber-rape or non-consensual pornography, is usually posted by a scorned ex-lover or friend, in order to seek revenge after a relationship has gone sour.

Revenge porn is a pervasive and alarming problem that exists in a legal gray area. The websites are difficult to take down and prosecute, as there is also no comprehensive federal invasion of privacy law. Posting revenge porn photos is not technically illegal because the photos may be considered the photographer’s intellectual property (unless they are selfies), and many were initially taken with the victim’s consent.

Operators of the revenge porn websites have claimed they are not responsible for user-submitted content due to the Communications Decency Act, which prevents sites from being held liable for user-posted content.

Currently New Jersey and California are the only states that have specific criminal laws against revenge porn. Of the two states, New Jersey has the stronger law. The law in California only covers approximately 20 percent of victims -- those who did not take photographs of themselves.

Bills criminalising revenge porn have recently been introduced in many other states including Wisconsin, New York and Maryland.

How To Fight Revenge Porn

If your state doesn't have a specific Revenge Porn laws then don't worry because there are other ways to get your photographs removed. Although revenge porn is in a legal gray area there are many legal technicalities involved in revenge porn that are clearly in black and white that favor your position. Contact our office for a free consultation to discuss how we can assist you with your revenge porn matter.