Revenge Porn
Revenge porn, also known as non-consensual pornography, refers to the act of distributing intimate or sexually explicit images or videos of a person without their consent, usually with the intent to harm, embarrass, or intimidate them. In Iowa, as in many other jurisdictions, revenge porn is considered a violation of privacy and may have legal consequences.
Harassment crimes carry with them the possibility of protection orders – which are publically accessible and may hinder your chances at employment. However, while revenge porn can be life-altering for the victim, including inducing trauma, shame and other negative stigma, false accusations and misclassification of revenge porn can happen due to a variety of factors.
Revenge Porn Lawyers in Iowa
Sex crimes, including those focused on harassment, can carry severe legal consequences. It’s important to have strong representation when fighting allegations of invasion of privacy and other charges.
We have been representing clients accused of sex crimes for years, and can utilize our skills to fight for your rights. Call us now at (515) 279-9700 to set up your first consultation free and we can discuss your legal options. McCarthy & Hamrock, P.C. accepts clients throughout the greater Dallas County and Polk County area Altoona, Ankeny, Waukee, Polk City, Adel, and West Des Moines.
Revenge Porn Information Center
- How Revenge Porn is Defined in Iowa
- Penalties for Revenge Porn in Iowa
- Common Defenses Against Revenge Porn Charges
- Additional Resources
Revenge Porn Defined
Revenge porn, also known as non-consensual pornography, refers to the distribution or sharing of sexually explicit images or videos of individuals without their consent and with the intent to harm, embarrass, or intimidate them. In Iowa, revenge porn is considered a form of online harassment and can have severe legal consequences.
According to Iowa Code 708.7, 1(5), a person commits the crime of ‘revenge porn’ by doing the following:
“Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.”
Iowa’s privacy laws include taking an intimate photo without consent, sharing photos meant for one person, and the wholesale distribution of intimate photos.
The purpose of Iowa’s privacy laws in regard to revenge porn is to protect people from exploitation.
Civil Action
Harassment suits are often split into criminal and civil procedures. Criminal suits against someone accused of disseminating revenge porn are shouldered by the state. However, the victims of revenge porn may also sue for damages to reputation, loss of employment opportunity, and emotional damages. The lawyers at McCarthy & Hamrock provide both Criminal Defense and Personal Injury representation.
Penalties for Revenge Porn
Revenge porn is classified as an aggravated misdemeanor and thus carries with it severe legal consequences far above minor harassment cases. According to Iowa Code 708.7, 2(a)(2), harassment in the first degree carries with it the following punishments:
- A maximum imprisonment of 2 years
- A fine of $855 to $8,540
Sex offender Registry
Placement on the Sex Offender Registry is determined by Iowa Code 692A.126. In order for someone to be forced to register onto the Sex Offender Registry, the court must find that the crime was sexually motivated. While it is possible to argue that an instance of revenge porn is not necessarily sexually motivated, defendants will have a difficult time due to the overtly sexual nature of the crime.
Additionally, if revenge porn is conducted against a person under the age of 18, no determination is needed, and the offender will automatically be placed on the Sex Offender Registry.
Placement on the Sex Offender Registry has dire economic, legal, and social consequences including loss of employment opportunities, public shame, and limitations on accommodation opportunities.
Possible Defenses
Defenses to revenge porn charges in Iowa vary based on each case. The most common defense is to argue a lack of knowledge or intent. In such a case, the defendant will argue that they either did not know that the victim did not consent to share the image or that he or she did not intentionally record or distribute the image.
Alternatively, an attorney may argue that the accuser consented to the recording and/or subsequent distribution of the video.
Another defense is to focus on public visibility of the intimate area. If, for example, the person depicted in the intimate video was nude in public, then an attorney may argue that reasonable privacy laws may not apply.
An attorney could also argue a lack of proof. In such a case, the attorney would argue that their client has been falsely accused of sharing the intimate video and focus on requiring the court to provide strong evidence to prove that the defendant had the motive and capability to do so, as well as physical or digital evidence to support such a claim.
How Can a Criminal Defense Lawyer Help Someone Facing Revenge Porn Charges
A criminal defense lawyer assists clients who are charged with revenge porn or other sex offenses by carefully analyzing the evidence, identifying potential legal defenses, and developing a strong defense strategy. They guide clients through legal procedures, ensuring their rights are protected throughout the process. The lawyer can negotiate with prosecutors, seeking to reduce or dismiss charges when possible. They provide representation in court, advocating on behalf of the client and challenging the prosecution’s evidence, all in hopes of getting the client the best outcome possible given the circumstances.
Additional Resources
CCRI Crisis Helpline – This resource provides information, support, referrals, and non-legal advice for victims of non-consensual pornography (revenge porn) located in the United States.
Federal Trade Commission – The Federal Trade Commission provides resources for victims of nonconsensual pornography (revenge porn) for victims located in the United States. The FTC provides first steps, resources including laws and online removal options, as well as other information.
Hire a Revenge Porn Defense Attorney in Des Moines, Iowa | McCarthy & Hamrock
Our attorneys at McCarthy & Hamrock combine deep legal knowledge with a client-focused approach, prioritizing your rights and privacy. Trust us to navigate the legal intricacies and advocate vigorously on your behalf, providing a strong defense against revenge porn allegations.
Call us now at (515) 279-9700 to set up your first consultation for free. During your appointment, we will sit with you and discuss all your legal options in further detail. McCarthy & Hamrock, P.C. represents people throughout the greater Polk County and Dallas County area including Polk City, West Des Moines, Altoona, Ankeny, and Miniburn.