PC 647(j)(4)

Distribute nude images to humiliate or for revenge

Information on the crime of distributing nude images with the intent to humiliate, also known as revenge porn, is found at California penal code section 647(j)(4).

PC 647(j)(4) Law (Abbr.)

PC 647(j)(4)(A) A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

PC 647(j)(4)(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

PC 647(j)(4)(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

(i) The distribution is made in the course of reporting an unlawful activity.

(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public proceeding.

PC 647(j)(4) Sentence & Punishment

Probation Sentence: A probation sentence is a period of supervision as opposed to an actual jail sentence. A probation sentence carries conditions of probation, or terms of probation, that must be followed by the probationer in order to avoid further punishment, including an actual jail sentence. A probation sentence for a PC 647(j)(4) crime is called informal probation, which means that the defendant is not monitored or supervised by a probation officer during the probationary period. Probation setences are available in distributing nude images to humiliate (PC 647(j)(4) cases, but they are not guaranteed. Whether or not a defendant is granted a probation sentence after a PC 647(j)(4) conviction depends largely on the facts of the case and the defendant's criminal history.

Note: It is possible to be ordered to serve a jail sentence as a term of probation, as opposed to being ordered to a jail sentence without a grant of probation. However, when a jail sentence is ordered as a term of probation the jail term is usually much shorter than the maximum jail sentence otherwise associated with the crime and the defendant may usually serve his or her jail sentence on work release or house arrest.

Sex Offender Registration: If found guilty of distributing nude images to humiliate (PC 647(j)(4)), the defendant will not ordinarily be required to register as a sex offender.

Caution: The judge may order the defendant to register as a sex offender in any sex related case. This is a very unusual order in a PC 647(j)(4) case but the law does exist to give the judge the power to make such an order if the judge finds that the defendant was motivated by sexual arousal or sexual gratification when committing the crime (See PC 290.006).

PC 647(j)(4) Defenses

It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

(i) The distribution is made in the course of reporting an unlawful activity.

(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public proceeding.

Sex Crimes Criminal Defense Attorneys

909.913.3138

PC 647(j)(4): Distribute Nude Images for Revenge

Free Discreet Consultations 24hrs / 7days

Se habla español - Abogados de defensa criminal

All Misdemeanor & Felony Sex Crimes, Including

Sex Crimes Defense Attorneys, Serving

San Bernardino County

San Bernardino, Fontana, Redlands, Ontario, Rancho Cucamonga, Victorville, Yucaipa, Hesperia, Colton, Chino, Highland, Upland, Montclair, Rialto

Riverside County

Riverside, Moreno Valley, Eastvale, Corona, Norco