What is revenge porn?

Distributing sexually explicit photos or videos of a person without their consent in order to embarrass them, also known as revenge porn, can have serious legal ramifications. On this week’s FAQ Friday, partners at Friedman, Meinken & Leischner PLLC discuss the potential consequences, that may make you think twice the next time you go to hit ‘send’.

What are the penalties for revenge porn?

In Virginia, a revenge porn conviction is considered a Class 1 Misdemeanor which can result in a sentence of up to 12 months in jail and a fine of up to $2,500. It’s on par with other misdemeanors such as driving under the influence, assault and battery, and shoplifting.

Can revenge porn charges impact other legal cases I am involved in?

Revenge porn charges can also impact an ongoing civil case. Revenge porn can come up in a divorce context where a couple is fighting over asset division, spousal support, or child custody. In those instances, the courts can consider allegations of revenge porn and hold them against you in a civil case.

When to contact an attorney

If you are charged with revenge porn, it’s critical to consult a skilled attorney, as convictions in Virginia – including misdemeanor convictions – cannot be expunged. If you are looking to apply for a job that requires a background check or are seeking security clearance, a revenge porn conviction will be on your record for the rest of your life


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