Modern technology has given birth to a host of crimes that did not exist just a decade ago. Revenge porn is one of those crimes. As an Arizona revenge porn criminal defense attorney, I am consistently asked whether or not revenge porn is illegal here in the southwest.
Revenge porn is commonly the act of a jilted ex-lover but can also be done by an unknown hacker. What began as a photo that was created for “private viewing only” is forwarded (without consent) to specific individuals or placed in the public domain where anyone can access it. In the worst cases, the photos are also accompanied by personal information such as name, address, cell phone number and birth date or are linked to the victim’s Facebook page or other social media. While there have been some male victims, historically the overwhelming majority of revenge porn victims have been women.
While pre-existing harassment or intimidation laws can sometimes be used to prosecute revenge porn cases, generally speaking, pre-smart phone criminal statutes do not adequately address this modern offense. As a result, about a dozen states have enacted specific revenge porn legislation.
Arizona is one of those states and A.R.S. § 13-1425 makes revenge porn a felony punishable by a maximum of 3.75 years in prison for each photo. Unfortunately, the Arizona statute was so poorly drafted that it was attacked by several groups as being unconstitutionally vague and criminalizing otherwise innocent conduct. In November of 2014, at the request of all parties involved, a federal judge signed an order that prohibited enforcement of the current version of Arizona’s revenge porn law. Click here to see the Joint Motion for Stay.
Although Arizona’s revenge porn law is currently on hold, other jurisdictions are moving actively forward in prosecuting this new cyber crime. For example, the City of Los Angeles recently obtained its first conviction and jail sentence under California’s revenge porn law. Click here to see the Press Release by L.A. City Attorney.
The new reality is that what might seem like an immature prank to some will now get people sent to jail. Since Arizona will quickly re-write its own statute, if you are questioned by the police about possible revenge porn behavior, please invoke your constitutional right to silence and call our office immediately to speak with an experience revenge porn criminal defense attorney.
Attorney Profile: Brian D. Strong – Senior Associate
Direct Line: (480) 833-2341 (24/7)
Email: [email protected]
Main Area of Law: Criminal Defense Attorney
