New York Revenge Porn Lawyer

Revenge porn, also legally termed non-consensual pornography, refers to the dissemination of explicit images or videos without the depicted individual's consent. While this act undeniably breaches privacy and dignity, defending against such allegations requires considering all legal aspects meticulously. In recent years, the proliferation of technology and online platforms has made the sharing of such content more prevalent, necessitating a nuanced legal approach. It is essential to emphasize that the legal landscape governing revenge porn in New York is clear: the act is illegal and punishable by law. If you are facing allegations related to revenge pornography, seeking expert legal representation is pivotal in navigating the intricate legal system and ensuring a fair and just legal process. At Stephen Bilkis & Associates, our team of seasoned New York revenge porn lawyers is dedicated to upholding the rights of individuals, regardless of the charges they face. We strive to provide comprehensive legal guidance, evaluate the nuances of each case, and work diligently to ensure that our clients receive a strong defense. Our commitment is to navigate the complexities of the law, protect your rights, and pursue the best possible legal outcome for you.

Revenge porn entails the non-consensual sharing of explicit images or videos of an individual, causing severe emotional and psychological harm. Examples of revenge porn include:

• Ex-Partners Seeking Retaliation: Perhaps the most common scenario involves disgruntled ex-partners seeking revenge after a breakup or falling out. They maliciously share intimate images or videos that were once shared in confidence, intending to cause humiliation, embarrassment, and emotional distress to the individual depicted. If you find yourself facing such allegations, promptly reaching out to an experienced New York revenge porn lawyer is crucial to protect your rights and mount a strong legal defense.
• Online Harassment and Cyberbullying: Perpetrators may engage in cyberbullying by spreading explicit content without consent to demean and shame the victim. They often use various online platforms, including social media, messaging apps, or websites, to amplify the humiliation and damage to the victim's reputation. In some cases the images disseminated were obtained by illegal means such as by hidden cameras.
• Hacking and Breaches of Privacy: In some cases, the perpetrator hacks the victim’s devices to gain unauthorized access to private files, emails, or cloud storage, obtaining explicit images without the victim's knowledge. These images may then be disseminated online, violating the victim's privacy and causing immeasurable distress.
• Sextortion: Perpetrators coerce individuals into providing explicit images or videos during online interactions. They later threaten to share this content publicly unless the victim complies with their demands, putting immense pressure on the victim and further violating their consent and autonomy.
• Revenge by Acquaintances or Friends: Revenge porn can also occur at the hands of acquaintances, friends, or even individuals who were trusted by the victim. These individuals may betray that trust by sharing explicit content without consent, causing severe emotional and psychological harm.

In the state of New York, the criminalization of revenge porn is clearly defined under the criminal code, specifically in § 245.15 of the New York Penal Law. This statute addresses the offense of unlawful dissemination or publication of an intimate image—a provision aimed at curbing the insidious act of non-consensual pornography. Enacted in 2019, New York Penal Law § 245.15, Unlawful Dissemination or Publication of an Intimate Image, makes it illegal to disseminate or publish intimate images without the consent of the person depicted. Examples of intimate images as defined under the statute may include, explicit sexual images or videos, nudes or sexually explicit images showing private body parts, images or videos of sexual acts or conduct, pictures or videos of genitalia, sexually suggestive or explicit content, or images or videos of sexual bondage or fetishes.

Violation of § 245.15 is a class A misdemeanor. This statute encompasses sharing explicit photos or videos, whether through digital means or other mediums, with the intent to cause harm, embarrassment, or distress to the individual in the image. Perpetrators of revenge porn may face charges ranging from misdemeanors to felonies, depending on the circumstances and severity of the act. Because the penalties for a revenge porn conviction may include fines, probation, restraining orders, and even incarceration, if you have been accused of revenue porn, it is critical to contact an experienced revenge porn lawyer in New York.

To secure a conviction under this statute, the prosecution must establish certain key elements:

• Intimate Image: The image shared must be of an intimate nature, typically involving nudity or sexual acts. For example, in People v Mowring 2019 NY Slip Op 29209, the defendant was prosecuted for taking a video without the victim’s consent of he and the victim performing a sexual act and posting it without her knowledge or consent on a pornography website. (Note that this case was brought prior to the 2019 “Revenue Porn Law” and prosecuted under NYC Administrative Code 10-180.)
• Lack of Consent: The sharing or dissemination must occur without the consent of the person depicted, emphasizing the violation of consent as a fundamental aspect of the offense.
• Intent to Cause Harm: The act of dissemination must be intentional, with the purpose of causing harm, distress, or embarrassment to the individual depicted.

Individuals accused of revenge porn in New York are entitled to a robust legal defense to ensure their rights are protected and a fair legal process is followed. Engaging an experienced revenge porn defense attorney serving New York with in-depth knowledge of revenge porn law is essential for navigating the intricacies of the legal system effectively. At Stephen Bilkis & Associates, we are committed to providing dedicated and adept legal representation to individuals accused of revenge porn. Our experienced legal team stands ready to support and guide you throughout the legal proceedings, ensuring your rights are upheld, and pursuing the best possible legal outcome for your case. Your future and legal defense matter, and we are devoted to delivering a robust defense against the accusations you face. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.