What Is Revenge Porn and Is It Considered a Sex Crime in the State of Arizona?

Revenge porn refers to the distribution of pornographic material of another person without their consent. The crime of revenge porn is frequently committed to harass, shame or humiliate the victim rather than take revenge in a more traditional sense of the word. Even if your intention wasn’t revenge (like if you were sent illicit pictures of someone you didn’t know by a friend), you can still be charged with the offense if you distribute explicit content of a person without the person's consent.

Vindictive exes are commonly associated with revenge porn crimes, but the reality is revenge porn can be committed by individuals with various motives, from strangers hacking into other people’s personal accounts for the purpose of extortion to minors taking and trading illicit pictures of classmates.

In Arizona, revenge porn is considered a serious violation of privacy and a criminal felony. If convicted, perpetrators can face prison time and hefty fines. Threatening to disclose unauthorized explicit content is a misdemeanor that is punishable by imprisonment and fines.

Defining Revenge Porn

According to Arizona revised statute section 13-1425, it’s illegal to intentionally disclose content involving another person without their consent when the following elements are true:

• The person is identifiable
• They’re nude and/or engaging in sexual activities
• The person had a reasonable expectation of privacy when the event occurred
• The content was disclosed to harm, intimidate, threaten and coerce the depicted person

Keep in mind, “reasonable expectation of privacy” means the person (and generally all people) had the right to privacy and this expectation is reasonable in the eyes of the law.

What Must Be Proven in a Revenge Porn Case in Arizona?

If you’re being accused of revenge porn in Arizona, the prosecutor will need to prove you committed the crime beyond a reasonable doubt.

Below are some common elements that are typically required to establish a revenge porn case:

Non-Consensual distribution: It must be proven the explicit images or videos were shared without the consent of the person depicted. This involves demonstrating the individual did not willingly and knowingly agree to the distribution of their intimate content.

Identification: The identity of the person sharing or distributing the explicit material must be established. This can involve gathering evidence, such as digital footprints, online profiles or witness testimonies, to attribute the act to a specific individual.

Intent: It may be necessary to prove the distribution of the explicit material was done with malicious intent, often with the purpose of causing harm, humiliation or taking revenge against the person depicted. Establishing the intent behind the act can be important in legally differentiating revenge porn from consensual sharing.

Knowledge of lack of consent: It must be proven the person sharing the explicit material knew or had reasonable grounds to know the depicted individual did not consent to the distribution. This element emphasizes the importance of establishing the act was done without the explicit consent of the person involved.

Harm or damages: In some cases, it may be necessary to demonstrate the harm or damages suffered by the victim as a result of the revenge porn incident. This can include emotional distress, reputational damage, financial losses or other negative impacts on their personal or professional life.

What Is the Punishment for Revenge Porn in Arizona?

Committing the crime of revenge porn in Arizona is a Class 5 felony. It can increase to a Class 4 felony if the perpetrator disclosed the content using electronic means, such as a computer, smartphone or tablet.

If the perpetrator threatened distribute revenge porn but didn’t go through with the crime, they can still be charged with a Class 1 misdemeanor.

The penalties for revenge porn include up to 3.75 years in prison, up to $150,000 in fines, mandatory community service and probation. The penalties vary depending on the severity of the crime and whether the defendant is a repeat offender.

Defenses in a Revenge Porn Case

Arizona criminal defense lawyers have several potential avenues of defense in cases involving revenge porn accusations. Some of these potential defenses include:

Consent: Defendants can argue they had consent from the individual depicted to share or distribute the explicit material. This defense typically requires clear evidence of explicit consent, which can include written agreements, messages or other forms of communication demonstrating that the person willingly agreed to the dissemination of their intimate content.

Lack of knowledge: Defendants may argue they weren’t aware or didn’t have reasonable grounds to know the explicit material was shared without the consent of the person depicted. They may claim they received the material from a third party without knowledge of its non-consensual nature.

False accusations: Defendants might contend they are being falsely accused of revenge porn, asserting the allegations are fabricated or motivated by ulterior motives such as personal vendettas, disputes or attempts to defame their character.

Accused of Revenge Porn Offenses in Phoenix? Contact a Criminal Defense Attorney Today

Your future might be at stake if you’ve been accused of possessing, taking or distributing revenge porn in the state of Arizona. Revenge porn offenses are consider serious sex crimes in Arizona with harsh penalties and the potential to have devastating consequences on your personal life.

Attorney Michael Alarid III can provide you with the guidance, support and aggressive defense you need to navigate the legal process and protect your rights. Your future is important, and we are here to fight for you every step of the way.

To discuss your case, call our Phoenix law office at (602) 818-3110.