Manassas Criminal Defense Attorneys Discuss Revenge Porn Crime
Revenge porn is a serious misdemeanor offense in Virginia that’s punished harshly. You should contact an experienced Manassas defense lawyer at The Wilson Law Firm right away if you’re arrested for this offense. We’ll vigorously defend you to help you get the charges dismissed or reduced to a less serious offense through a plea bargain.
Understanding Virginia's Revenge Porn Statute: What the Prosecutor Must Prove
Revenge porn, which is the dissemination or sale of explicit images without the victim's consent, is a misdemeanor offense in Virginia. If convicted, your sentence could include incarceration and hefty fines. You would also have a permanent criminal record. However, you may have strong defenses to beat the charges—even if you think you’re guilty.
The Virginia statute § 18.2-386.2 outlines the unlawful dissemination or sale of images of another person. Under this law, an individual commits the crime of revenge porn by sharing or selling pictures or videos of a person who is nude or partially undressed without their consent. Photos or videos can be shared by emailing, texting, posting on social media sites, or uploading to websites. 
Understanding what the Commonwealth must prove to convict you if you’re facing these charges is important. Remember, the prosecutor must establish this crime's elements beyond a reasonable doubt, which can be hard to prove.
Here’s a breakdown of the critical elements of this crime.
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A demonstration of deliberate intent. The accused must have the intent to coerce, harass, or intimidate the victim when sharing or selling the photos or videos of them.
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Proof of malicious dissemination or sale. The prosecutor must show beyond doubt that the person maliciously disseminated or sold a videographic or still image.
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A depiction of nudity or undress. The image(s) must depict another person who is nude or in a state of undress. The victim's genitals, pubic area, buttocks, or a female breast must have been exposed.
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An awareness of the lack of authorization. The accused must know or have reason to know that they’re not licensed or authorized to disseminate or sell such images.
"Another person" is defined under this law to include someone recognizable as an actual person by their face, likeness, or other distinguishing characteristic.
Common Forms of Revenge Porn in Virginia
With the prevalence of texting and social media activity, revenge porn is becoming more common. It takes various forms, all of which fall under the umbrella of malicious image dissemination. Some common types of revenge porn include the following.
Ex-Partners
Revenge porn may start as sexting, which is the consensual sharing of pictures or videos between spouses or partners. If they break up, one of them could post these images on social media platforms or email/text them to family or friends to get back at the victim.
Hackers
In some cases, the accused hacks into the person's electronic devices to obtain photos or videos. Then, they disseminate them to other people or on social media sites.
Individuals Seeking Financial Gain
Another type of revenge porn involves someone secretly photographing or shooting videos of the victim, then sharing or selling the images for money or notoriety.
Types of Evidence Used by Prosecutors
Prosecutors rely on a variety of evidence to build a case against those accused of revenge porn. A knowledgeable Manassas criminal defense attorney will know the potential evidence that could be used against you and will be able to create a strong defense strategy to challenge it. Here are the types of evidence the prosecutor may use to try to convict you.
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Digital records. Social media posts, text messages, or emails containing explicit content may serve as crucial digital evidence of revenge porn.
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Victim and witness testimony. Testimonies from the victim and any witnesses involved can provide firsthand accounts of the malicious dissemination.
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Computer forensics. Forensic examination of the accused's electronic devices can uncover evidence of the images and their dissemination, strengthening the prosecutor's case.
Revenge Porn Penalties in Virginia
As a Class 1 misdemeanor, anyone convicted of a revenge porn crime faces severe penalties. Punishment includes a jail sentence of up to 12 months. You could also be ordered to pay a fine not exceeding $2,500.
In addition, you’ll have a permanent criminal record. This creates long-term consequences in your life, affecting your future employment opportunities, education, and more.