Can I Be Criminally Charged for Sharing Nudes or Revenge Porn?

 Posted on November 22, 2024 in Sex Crimes

Images or videos of someone in the nude or performing a sexual act should be assumed to be private unless the person in the media says otherwise or publicizes them. Sharing intimate photos of someone without consent can be considered "revenge porn," which is a serious sex crime in Maryland.

A person who is convicted of distributing revenge porn can face prison time and heavy fines in addition to a damaged reputation. If you are facing charges of revenge porn distribution, contact a Maryland criminal defense lawyer to begin building your case.

What Is Revenge Porn in Maryland?

Under Maryland law, a person is guilty of distributing revenge porn if he or she knowingly, and with intent to harm, shares intimate photos of someone else without that person’s consent if the content was expected to remain private.

Based on the law, the offense of distributing revenge porn can be broken down into several elements:

• Identifiable visual representation: The individual must be identifiable in the image or video, which does not have to be real. Even an AI-generated image is covered under the law if it is a close enough likeness.

• Intimate content: The image must show the person’s genitalia or depict him or her in a sexual act for it to be pornographic.

• Expectation of privacy: The person must have a reasonable expectation that the image or video will remain private. Pornographic content creators on social media platforms, for example, cannot reasonably expect their content to remain private. Sharing such content would therefore not constitute revenge porn, though it could be a copyright violation.

• Intent to harm: To be considered revenge porn, the defendant must share the image or video with intent to harm, harass, intimidate, or threaten.

• Non-consent: The defendant must know that the person does not consent to the distribution or does so with reckless disregard for whether or not the person consents.

Someone who is convicted of distributing revenge porn is guilty of a misdemeanor and faces up to two years in prison with a fine of up to $2,500.

What Are the Defenses Against a Revenge Porn Distribution Charge?

If you have been charged with distributing revenge porn, your attorney may use one of the following defenses:

• Lack of intent: You did not intend to distribute the content, or even if you did, you did not do so with the intent to harm, harass, intimidate, or threaten.

• No expectation of privacy: The person in the image could not reasonably expect it to remain private.

• Consent: You received consent to share the image.

• Non-identifiable imagery: The person could not be reasonably identified in the image.

Contact a Harford County, MD Revenge Porn Distribution Defense Attorney

There are several ways your attorney can fight a charge of distributing revenge porn. Get an excellent first-class legal defense by contacting Baltimore Legal Services. Our attorney has aggressively defended over 10,000 clients and will work tirelessly to protect your rights against criminal charges. Call 858-523-8423 24/7 for a free consultation with a Northern Baltimore County, MD internet sex crime defense lawyer today.