Certified Criminal Trial Attorney

Revenge Porn the Alleged Crime in Release of Blac Chyna Porn Video but How is it Defined?

Revenge Porn the Alleged Crime in Release of Blac Chyna Porn Video but How is it Defined?

New Jersey criminal defense lawyerCelebrity Blac Chyna became a big news story recently but maybe not for reasons she would have wanted.  A sex tape that she was involved in was leaked online with her ex-boyfriend claiming he was also in the tape and that he filmed it, however he stated he was not the one who released the tape online. This comes after an incident that happened in the summer of 2017 when Chyna was the victim of another act of alleged revenge porn when her former boyfriend at the time Rob Kardashian put up a graphic photo of her genitals online without her consent, along with other personal pictures he was not authorized to post online as well.

Sex Crimes in New Jersey

 
Due to these actions Chyna’s attorney stated that her client was clearly the victim of an act of revenge porn, something that is illegal in the state of California where she lives and where the alleged crimes took place. This then leaves the question, what exactly is considered to be revenge porn and what can you do legally if you are a victim of this crime?
The term revenge porn is used by many people in an extremely broad form, however the exact legal definition is harder to define as only certain states have adopted statues that specifically list it as a criminal act. In the case of Blac Chyna there were personal and explicit images posted online without the consent of all of the people that are contained in those images. In the state of California this act is considered a crime as it is thought to be a form of domestic abuse and a civil wrong.
California law defines revenge porn as disseminating an image depicting intimate body parts or a sexual act that was intended to be kept private. In addition, the act is done knowing that the distribution of the image and/or video will cause significant emotional distress that the victim will suffer from. Since California is a state that has a clear definition of the crime Blac Chyna’s attorney knows there is a case to be pursued. Unfortunately to victims in some other states however, not all of them have such specific laws in place and as of now there are no federal policies involving the issue.
This means that for several victims the only chance they have to receive legal recourse it through filing multiple civil suits that focus on the damage they received from the other person or people intentionally trying to cause them severe emotional distress. This can be hard to prove in states that do not have these laws clearly defined as there is fine line between harassment and one’s right to freedom of speech. Unless there is a clear agreement between the two that no one else is to see these materials it can be extremely difficult to prove in court that the person did not have the right to post these pictures or videos as they please. There may be an implied agreement that this should not have been the case, however an agreement that is implied and an agreement that is concrete are two separate things.

Schedule a Consultation With a New Jersey Criminal Defense Lawyer

The laws involving revenge porn are constantly changing, and as the law and the circumstances and technology around this issue evolves it is important to have a knowledgeable lawyer who knows how to handle these changes and fight for you in court. Contact attorney Jill R. Cohen by calling 856-242-7177 to schedule a consultation today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.