October 4, 2013 By Wallin & Klarich

Publishing nude photos online with the “intent to cause serious emotional distress or humiliation” violates a revenge porn law signed Monday by California Governor Jerry Brown.

Gov. Brown signed Senate Bill 255 (SB 255) into law, officially banning persons from publishing nude photos of others online without their permission in California.

The bill was sponsored by State Senator Anthony Cannella. It passed despite opposition from civil liberties advocates including the American Civil Liberties Union (ACLU). According to the Sacramento Bee, the ACLU is opposed to the bill’s overly vague attempt to restrict online activity.

What Does the Revenge Porn Law Protect Against?


The new law makes posting graphic or naked images taken or shared with a mutual understanding they will remain private along with personally identifying information online with the intent to emotionally hurt or humiliate the person in the images an invasion of privacy. The illegal act will now be considered the equivalent to disorderly conduct.

Revenge porn usually occurs between persons engaged in a dating relationship after their relationship has ended. In an attempt to get back at the person who ended the relationship, one party will post photos that were taken at the time they were dating online.

“Revenge porn often begins when relationships end,” a statement released by Cannella’s office Tuesday said. “What were once private photos taken with consent can later be shared with others, and then posted online at multiple sites without the subject’s knowledge or consent. Some websites even specialize in posting such materials, and charge the subjects unreasonable fees to take down the illicit photos.”

How the California Criminal Defense Attorneys at Wallin & Klarich Can Help

Violating the revenge porn law is considered an invasion of privacy. If you are found guilty of posting revenge porn, you will be punished by up to six months in jail and/or a $1,000 fine. It is important to retain the services of an experienced California criminal defense attorney if you are being charged with invasion of privacy. The attorneys at Wallin & Klarich have over 30 years of experience aggressively defending our clients from criminal offenses.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a knowledgeable Wallin & Klarich attorney who can help you no matter where you are located.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.

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