Is the Distribution of an Intimate Image Without Consent Unlawful?
The distribution of an intimate image has evolved into a criminal offense with the advent of smart phones and the internet. The law has had to change to protect the privacy rights of individuals. More and more people use their smart phones to send pictures and videos of personalized sexual conduct to others. Once those images and videos are sent to a third party, the individual sending them loses all control over them.
Further, husbands and wives, boyfriends and girlfriends, and other intimate partners use their smart phones and internet to share intimate images with each other, but often times the couple will have a falling out and one partner will use those images against the other. Often called “revenge porn,” the Utah State Legislature has outlawed the nonconsensual distribution of an intimate image.
Utah Code 76-5B-203 contains the statute which governs the criminal penalties surrounding the distribution of an intimate image. An “intimate image” under that statute includes any visual depiction, such as a photograph or video, which includes the exposure of the private areas of the human body or of someone engaged in sexually explicit conduct.
What are the penalties for distributing revenge porn?
The distribution of an intimate image is illegal if it is (1) done without consent, (2) done intentionally or knowingly and done if the distributor knew or should have known it would cause the victim emotional distress or harm, (3) the victim has an expectation of privacy in the image, and (4) the victim actually suffers emotional distress or harm.
If all of these elements are met, it is a class A misdemeanor unless it is a repeat offense, which then makes it a third degree felony. This means an offender could do up to a year in jail on this type of offense.
At Salcido Law Firm we are seeing more and more of these types of sex crime charges and have some of the most experienced attorneys in Utah in this area of the law. Feel free to call us at 801-413-1753 to discuss your charges with a lawyer.