Can I Go to Jail for Posting Revenge Porn?

 Posted on August 28, 2024 in Sex Crimes

Virtually everyone today owns a smartphone. This is especially true of younger generations, many of whom have been living much of their lives online for as long as they can remember. This includes relationships which, although mostly conducted in person, still have many online aspects. 

One of these aspects is the photos and videos that couples often send to each other. Intimate media shared between consensual couples is not a crime, but imagine the relationship ends badly. What happens to those photos and videos if someone decides they want revenge? 

In the heat of the moment, one person decides to get back at the other by sharing intimate photos or videos online without consent. Often done out of anger or spite, this behavior is increasingly common and is known as "revenge porn." It can have devastating effects on the victim, causing embarrassment, mental anguish, and damage to their reputation. 

What some people do not realize, however, is that posting revenge porn is not just harmful; it is also illegal and can lead to severe consequences, including jail time. If you are being investigated or charged with posting revenge porn online, you need a Maryland criminal defense attorney right away. 

What Is Revenge Porn Under Maryland Law?

Revenge porn is defined under Maryland law as the distribution of explicit images or videos of another person without that person’s permission and with the intent to harm, harass, or intimidate them. This includes sharing content through:

• Social media

• Text messages

• Any other means of communication

This means you can be prosecuted under this law not only for putting up explicit images or videos on the internet, but also for putting up such material on your social media or even sending it to your friends. 

Key aspects of Maryland's revenge porn law include:

• Non-consensual sharing: The content is distributed without the depicted person’s consent.

• Expectation of privacy: The images or videos were originally shared in a private context, often between romantic partners.

• Intent to harm: The distribution is done with the intent to harm, harass, or intimidate the person in the images or videos.

Potential Defenses to Revenge Porn Charges

If you are accused of posting revenge porn, there are potential defenses that may apply in your case. Some common defenses include:

• Lack of Intent: The prosecution must prove that the images or videos were shared with the intent to harm, harass, or intimidate the other person. If you can show that there was no malicious intent, this could be a strong defense.

• Consent: If the person depicted in the images or videos gave explicit consent for their distribution, this could serve as a defense. However, proving consent can be challenging, especially if it was given verbally or under informal circumstances.

• Mistaken Identity: In some cases, the wrong person might be accused of sharing the content. If you can prove that someone else was responsible, this could lead to the charges being dropped.

These defenses are complex and often require the expertise of a skilled attorney to navigate.

Penalties for a Revenge Porn Conviction Under Maryland Law

If convicted of posting revenge porn in Maryland, the penalties can be severe. The law classifies this offense as a misdemeanor, but the consequences extend far beyond legal punishments. Potential penalties include:

• Jail Time: A conviction can result in up to two years of imprisonment, depending on the severity of the case and whether it is a first-time offense.

• Fines: You may be required to pay fines of up to $5,000. These financial penalties can add a significant burden beyond the criminal charges.

• Criminal Record: A conviction for revenge porn will result in a permanent criminal record, which can affect future employment, housing, and educational opportunities.

• Reputation and Relationships: A conviction can severely damage your personal and professional reputation. Friends, family, and colleagues may view you differently, making it hard for people to trust and respect you. The stigma associated with revenge porn can also make it difficult to date, get a job, and even be around people you love. 

• Civil Lawsuits: In addition to criminal penalties, victims of revenge porn may sue for damages in civil court, seeking compensation for emotional distress and other harm suffered.

Call A Towson, MD Revenge Porn Defense Attorney Lawyer Now

As prosecutors become more familiar with going after cases of revenge pornography, they are trying to make examples out of people to try to deter others. You could face extremely serious penalties that could impact your future forever. For help protecting your relationships, your reputation, your family, and your career, contact the Maryland sex crimes defense attorney at Seger Law, LLC for a free consultation. Call 443-208-4692.