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What is “Revenge Porn?”

Simply stated– it’s the posting of intimate images online with the intent to harass or annoy a prior sexual partner. 18 Pa.C.S. § 3131.

It’s a crime to post any sort of intimate images on social media– Instagram, Snapchat, Twitter, FB, Reddit, WhatsApp, WeChat, QZone, Tumblr, Google+, Baidu Tieba, etc. if it’s your intent to embarrass/annoy a former sexual partner. It doesn’t matter if they took the photos of themselves and sent them to you. It doesn’t matter if they posed for you and allowed you to take the photos. It doesn’t matter if, at the time of your relationship, they said: “send these to my friend on Snapchat.” If you’re doing it at a time that you are no longer involved with that person and you know that they will be upset (ie: you don’t ask for permission before doing it), then you’ll be committing a crime and can be charged with a misdemeanor 1 or 2, depending on the age of the person that’s depicted. That’s 5 years in jail and a $10,000 fine– max.

Best advice– if you have some of these photos and you don’t think you’ll be able to control yourself the next time you’re drunk at a bar and see them out with a new beau. Delete them. Delete them all right now. It’s like carrying around cyanide. If you don’t plan on ever using it, you should be fine not having it. But, if you’re going to enjoy waking up the next morning and getting a knock from “Officer Friendly,” by all means, keep them.

Charged or have questions? Give us a call or contact us online, we won’t judge. We can help.

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