Revenge Porn – PC 647(j)4

Penal Code 647(j)4 is a California statute that makes revenge porn a criminal offense. PC 647j4 is a misdemeanor which makes posting of sexually explicit images or videos of a person online, without permission/consent. And in doing so causes the person to suffer serious emotional distress.

Explicit images mean pictures of private parts such as breast, genitals and/or or anus.

Defenses:

      • no intentional distribution,
      • no intent to cause emotional distress, and/or
      • consent

Penalties: 

      • up to six months in county jail, and/or
      • a maximum fine of $1,000
      • Possible Immigration Consequences
      • Possible Disqualification from Government Assistance Programs
647.  

Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(4) (A) A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

(B) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

      • The distribution is made in the course of reporting an unlawful activity.
      • The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
      • The distribution is made in the course of a lawful public proceeding.

(5) This subdivision does not preclude punishment under any section of law providing for greater punishment.

(k) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.

(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.

(l) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.

(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.

(Amended by Stats. 2020, Ch. 370, Sec. 229. (SB 1371) Effective January 1, 2021.)

Leave a comment

The information within this website is NOT LEGAL ADVICE but merely meant to be general information. Nothing in this website, nor filling out any forms on this website, shall constitute an attorney-client relationship.

Privacy Policy

Copyright 2022, Azami Law.  All Rights Reserved

Scroll to top