What Should I Know About “Revenge Pornography” in Oklahoma?

Technology has drastically changed the way that we interact with one another, as now you can communicate with others around the world instantly. You’ll find that technology has even impacted the way that we date, as apps and social media are now common meeting places. With the use of technology to date online, the actor of taking sexually explicit photos is on the rise, and with that, the ability of others to distribute these images without the consent of the subject has become a serious issue. As such, if you are accused of distributing “revenge pornography” in Oklahoma, you’ll want to keep reading. The following blog explores what you should know about these circumstances and the importance of discussing these matters with an experienced OKC criminal defense lawyer.

What Is Revenge Pornography?

Any time you distribute a nude or sexually explicit photo of another person without their consent with the intent to cause significant emotional distress, you are engaging in revenge pornography. Often, this is carried out by scorned lovers or partners as a means to “punish” the other party for slighting them.

What Are the Penalties for This Offense?

The penalties you can face for disseminating nonconsensual sexual images will vary based on the circumstances of the case. Generally, a first offense is a misdemeanor, carrying up to one year in jail and up to $1,000 in fines. However, this can be elevated to a class D felony. If you are charged with sending revenge pornography for a second time, you will face a felony regardless of the circumstances. In addition, if you are a repeat offender, you must register as a sex offender in Oklahoma.

Additionally, if you are discovered to have disseminated three or more images within a six-month period or you distributed the photos for financial gain, you will face up to ten years or up to five years, respectively, for these charges.

Are There Any Potential Defenses?

If you are facing a felony charge for disseminating non-consensual images, understanding your legal options is critical. First and foremost, the most important thing you can do is obtain the services of an experienced criminal defense attorney to help guide you through this process. Your attorney can examine your circumstances to determine the best course of action for you, such as determining potential defenses you can utilize.

Generally, one of the most common defenses is that you lacked the intent to send the photos. If you can prove that sending the photos to another person was an accident, the prosecution may be unable to secure a conviction, as they must prove you had the intention to distribute these pictures without the consent of the other party. Another common defense you may eligible to utilize is that the other party did not endure emotional distress as a result of the photos being distributed. As emotional distress is a key element of these charges, the prosecution may be unable to convict you if you can show that this did not occur.

Facing a felony offense can be incredibly overwhelming, as it can not only disrupt your life as you face time in prison for this offense, but it can also be a dark cloud that follows you around for the rest of your life. As such, doing what you can to fight to prove your innocence in these matters is critical. At the Jones Firm, PLLC, our team understands the severity of these matters, which is why we will do everything in our power to help you fight for the best possible outcome in these circumstances. When you need help, our team is here. Contact us today to learn more.