California Penal Code § 647(j)(4) – Cyber Exploitation aka Revenge Porn

  1. Introduction

    A person may be charged with disorderly conduct if s/he invades the privacy of another by intentionally distributing an image of an intimate body part or parts of another identifiable person without consent.

  2. Text of the Statute

    Cal. Penal Code § 647:

    “Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: […]

    (4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

    (B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

    (C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

    (D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
    (i) The distribution is made in the course of reporting an unlawful activity.
    (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
    (iii) The distribution is made in the course of a lawful public proceeding.