Right of Privacy

“Revenge Porn” Now a Crime in California

Revenge Porn
Revenge Porn

I get a number of calls about this every month, and I now have a better means to deal with this form of cyber-stalking.

The scenario is almost always the same. A girlfriend (foolishly if you ask me) provides some naked photos to her boyfriend, and when they break up, he posts them on the Internet as a form of revenge. I’m not being sexist here. Either because guys are just not as generous about providing naked pictures, or because ex-girlfriends at least have the couth not to post them, I have never received a call from a male complaining that his ex is posting naked pictures of him.

We have been successful in the past in getting the photos taken down by pursuing actions for infliction of emotional distress, and sometimes even copyright infringement. Guys who post naked pictures of their ex-girlfriends are usually not Rhodes Scholars, but even they can figure out that going to court and arguing that there is nothing wrong with that behavior is probably not a bright idea. Faced with a lawsuit, the pictures usually come down.

Now California has made my job easier by providing even greater incentive. These miscreants who engage in this form of “revenge porn” now face jail time and fines under a law signed by Gov. Jerry Brown. They face up to six months in jail and a fine of $1,000.

The bill that Brown signed into law on October 2, 2013, takes effect immediately.

Aaron Morris

Morris & Stone, LLP
Orchard Technology Park
11 Orchard Road, Suite 106
Lake Forest, CA 92630
(714) 954-0700

Email Aaron Morris

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