Everything You Never Wanted to Know About Revenge Porn

When it's time for a relationship to end, messy things can happen.

Divorce rarely brings out the best in a couple, and it's not unusual for an ex to want to take vindictive action against a past partner. If your ex has sensitive photos or footage in their possession, you may need to prepare yourself. After a breakup, they could post that material online, in a damaging and deeply concerning action called revenge porn.

If you're dealing with a hard breakup, separation, or divorce, you're already going through a lot. You don't need this type of hit to your reputation.

Fortunately - whether this could happen or it already has - you have options to pursue. Taking action now could help restore your privacy during a difficult time.

What Is Revenge Porn?

In North Carolina, revenge porn is a criminal activity. In 2015, the state passed laws surrounding the disclosure of private images. It is now illegal to post any nude or sexual images of an individual sans consent, regardless of your relationship status. 

The revenge porn statute in North Carolina has recently undergone several changes to clarify the types of personal relationships that qualify - and the nature of the distributed media. North Carolina General Statute subsection 14-190.5A notes that the crime of revenge porn must exhibit several elements, including:

  1. The perpetrator needs to know that they're disclosing an image (or footage) of another person without consent.
  2. The perpetrator needs to do this with the intent to harass, demean, coerce, intimidate, humiliate, or cause financial loss to the person in the image.
  3. The image needs to contain clear identifiers of the victim - or the perpetrator needs to post the image along with identifying information and context.
  4. The image also needs to expose intimate body parts of the victim, show the victim performing a graphic activity, or provide other clear sexual content. 

What Happens to People Guilty of Revenge Porn?

The specific punishment connected to revenge porn depends on the age and history of the person who posted it. According to NCGS § 14-190.5A(b), the following guidelines apply: 

  • If the offender is 18 years old (or older), revenge porn is a Class H felony.
  • If the offender is a minor and this is a first offense, revenge porn is a Class 1 misdemeanor.

As the victim of revenge porn, you have cause to pursue recovery of damages or sanctions against your ex. If this is important to you, you need to take action quickly - and you need to make sure that you have a savvy legal team at your side.

Skilled, Sensitive Gastonia-Area Attorneys Ready to Support You

If you're dealing with a vengeful ex and their damaging (and illegal) online activity, you're going to need some help. Whether the revenge porn is connected to a contentious divorce or not, the Caulder & Valentine Law Firm, PLLC, is here for you.

Contact our team today for more information about our empathetic and experienced support services - or give us a call at 704-470-2440 today for a consultation.

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