08 May Don’t Share That Nude Photo! It Could Be a Felony
With technology making it easy to stay in touch with people all over the world, so is sharing things we shouldn’t. This includes nudes or porn that others have shared with you.
If you’re angry with an ex, sharing their intimate photos might seem like a good idea to get back at them. However, since revenge porn is considered a sexual offense, doing so can land you time in prison.
What Is Revenge Porn?
Revenge porn refers to the specific act of sharing nude pictures or videos of someone that you are fighting with. This tactic is often used in retaliation to a bad breakup or as a form of cyberbullying.
The Arizona penal code defines revenge porn as the unlawful disclosure of images depicting states of nudity or specific sexual activities. This law applies to images that meet the following conditions:
- The person in the image is nude or engaged in a sexual act.
- The person has an expectation of privacy.
- The image was shown to others with the intent to harm, harass, intimidate, threaten or coerce the person in the image.
Showing Nude Pictures to Friends Also Applies
Even if your intent is not to harass or harm, the revenge porn law can also apply to sharing intimate pictures or videos of others with your friends. Some defendants have used the argument that because the person in the photos sent the nude content via text, they were giving their permission to share it.
However, the Arizona penal code specifically states that images shared electronically (like in texts) also have the expectation of privacy. Just because someone sent nude photos does not mean they give the recipient consent to share them.
Underage Nudes Are Child Pornography
Anyone under the age of 18 in the state of Arizona is underage. Even if a teenager is in a sexual relationship with someone else the same age, sending nude photos or videos is still considered child pornography (sexual exploitation of a minor).
Penalties for Revenge Porn
Class 1 Misdemeanor
For threatening to disclose inappropriate images, you could be sentenced to:
- Up to 6 months in jail
- Up to 3 years probation
- Fines and fees up to $2,500
Class 5 Felony
If the images are disclosed (shared or shown) by non-electronic means (hard copies, showing on a phone without sending) penalties include:
- From 6 months to 2.5 years in prison
- 2 or more years of probation
- Fines and fees up to $150,000
Class 4 Felony
If the images were disclosed by electronic means (e-mail, text, social media, etc.) you could be sentenced to:
- 1 to 3.75 years in prison
- Two or more years of probation
- Fines and fees at the discretion of the judge
Best Criminal Defense Attorney in Arizona
If you are facing criminal charges, you need a good defense lawyer. A conviction can drastically change your life, but the right lawyer can help you fight the charges and even keep you out of prison.
Todd Coolidge has over 25 years of experience in Arizona criminal courts, an excellent track record, and the knowledge needed to fight both felony and misdemeanor charges. Contact our offices today for a consultation on your case.
Images used under creative commons license – commercial use (5/7/23). Photo by Daria Nepriakhina 🇺🇦 on Unsplash.