Revenge Porn: What Is It and Is it a Crime in Louisiana?

Posted on Aug 30, 2019 in Criminal Defense

In recent months, there has been quite a bit of chatter about revenge porn on various news outlet. In fact, one of the latest articles on the subject discusses the recent passage of what has been deemed a historic revenge porn bill in New York. But what, exactly, is revenge porn? Our New Orleans criminal defense attorney explains.

Revenge Porn Defined

The posting of “revenge porn” is an invasion of privacy, a violation of trust, and in Louisiana and most other states, a serious criminal offense. It is also shockingly common. One survey found that one in 10 women under age 30 say they have been a victim of revenge porn. The Cyber Civil Rights Initiative estimates that 1 in 20 adult social media users have posted revenge porn online, although 79% of those who did so claimed that they didn’t intend to hurt the person in the image or video.

Generally, “revenge porn” involves the posting of sexually explicit images or video without the consent or permission of the person depicted in the posted content. Most often, revenge porn is posted by a former romantic partner or hacker, but anyone who posts such material is subject to being charged under Louisiana law.

Understanding the Law

In Louisiana, the crime of posting “revenge porn” is officially called the “nonconsensual disclosure of private images.”  A person can be charged and convicted under Louisiana R.S. 14:283.2 if all of the following facts are proven:

  • The person intentionally posted, shared, distributed or disclosed an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.
  • The person who posted the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.
  • The person who disclosed the image knew or should have known that the person in the image did not consent to the disclosure of the image.
  • The person who disclosed the image had the intent to harass or cause emotional distress to the person in the image, and the person who committed the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.

Not all images or video will constitute revenge porn under the statute. Only those which expose “intimate parts” are subject to the law. “Intimate parts” means “the fully unclothed, partially unclothed, transparently clothed genitals, pubic area, or anus” as well as a partially or fully exposed nipple of the image is of a female.

Those convicted under Louisiana’s revenge porn law face fines of up to $10,000 as well as imprisonment in a state penitentiary for up to 10 years.

Speak With a New Orleans Criminal Defense Attorney at Bloom Legal Today

Facing criminal charges, whether for revenge porn or any other offense, is a scary ordeal, with profound and serious consequences for you, your family, your career, and your future. It is not something you should face alone. At Bloom Legal, our experienced New Orleans criminal defense attorney will stand by your side every step of the way, fighting to protect your rights, defeat the charges, and taking every step to obtain the best possible result. Please contact us online now.

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