What is Revenge Porn?
Revenge Porn is the latest online activity calculated to bully, intimidate, humiliate, and shame an individual or group. It occurs when a person or group publicly publishes online usually sexually explicit photographs or videos that were originally intended to be maintained privately.
Revenge Porn is sometimes the work of anonymous hackers, but more often it is the work of an ex-partner in an intimate relationship seeking revenge for a bad breakup.
In the United States, twelve states have passed legislation making it a crime to engage in Revenge Porn: Alaska, Arizona, California, Colorado, Georgia, Maryland, New Jersey, Idaho, Pennsylvania, Utah, Virginia, and Wisconsin.
Revenge Porn laws in Oregon
Presently, Oregon has no legislation pending that would address revenge porn. Oregon however, does have a statute that identifies and deals with harassment, including the type relating to revenge porn. The pertinent section of the statute reads: “Distributing a visual recording, as defined in ORS 163.665 (Definitions), of the other person engaged in sexually explicit conduct, as defined in ORS 163.665 (Definitions), or in a state of nudity, as defined in ORS 163.700 (invasion of personal privacy), when the other person is under 18 years of age at the time of the recording.”
Civil law provides remedies as well to those who have been victims of Revenge Porn. Attorneys have filed civil lawsuits on behalf of victims for the intentional inflicting of emotional distress, invasion of privacy, public disclosure of private facts, and copyright infringement (if the offending photos were taken by the victim).
If the victim was a minor when the photos or videos were made, someone committing Revenge Porn can be charged with such crimes as the distribution of child pornography or contributing to the delinquency of a minor. The criminal penalties for such crimes are justifiably harsh.
Legal Remedies for Victims of Revenge Porn
While Revenge Porn should be considered a criminal act in all 50 states, there are legal remedies available for those victims who’ve been targeted in states that do not have criminal statutes against Revenge Porn.
If you or a loved one has been the victim of Revenge Porn, please contact our Portland, Oregon law office. We will discuss with you your legal rights and remedies.
Read more about Revenge Porn here.