Electronic Distribution of a Nude Photo of Another Person
Oct. 25, 2022
According to the Nonconsensual Image Sharing report by Data & Society, about 2% of all online Americans have had another person post a nude or nearly nude photo of them online without their consent. In the state of Ohio, it is an offense to intentionally distribute another person’s nude image without the person’s permission — this offense is called revenge porn. Experienced Ohio criminal defense attorneys can enlighten you about the penalties and consequences of a revenge porn charge, whether it was meant as revenge or not, and help build your defense.
The attorneys at Wolfe Law Group, LLC have devoted their careers to defending clients wrongfully accused of nonconsensual dissemination or revenge porn from the worst possible punishments. As your defense counsel, they can fight aggressively to uphold your legal rights and help establish your innocence or negotiate a favorable plea bargain. The firm proudly represents clients across Columbus, Westerville, Powell, Dublin, Newark, and Delaware County, Ohio.
Distribution of a Nude Photo
Distribution of a nude photo – also known as “revenge porn” – occurs when a person posts, sends, or shows nearly nude or nude photos or videos of another person without the person’s consent.
Sometimes, the images and videos are created consensually. For instance, two persons in an intimate or romantic relationship may take nude photos together or share nude photos through sexting. In the aftermath of a misunderstanding or relationship breakdown, one of the romantic partners may release the other person’s nude photos.
Likewise, the images and videos may be created non-consensually. For instance, secretly filming the person in their private apartment. The nude photos may also be obtained by hacking the person’s online storage spaces and stealing their information.
Whether the pictures and videos were created consensually or obtained non-consensually, it is an offense to distribute nude photos of another person without the owner’s consent.
Nonconsensual Dissemination Laws in Ohio
According to Ohio law, no person shall knowingly disseminate another person’s image if all of the following apply:
The person in the image is at least 18 years.
The person in the image can be identified from the image itself or from the information displayed in the picture.
The person in the image is nude or engaged in a sexual activity.
The image was disseminated without the victim’s consent.
The defendant disseminated the image with the intent to harm the victim.
If you or someone you know has recently been arrested or indicted for nonconsensual dissemination or revenge porn allegations, you need to get in touch with a dependable criminal defense attorney immediately. Your lawyer can review every detail of your case and help you understand the potential penalties and ramifications.
Under Ohio law, it is illegal to distribute someone else’s nude photos or spread revenge porn. A defendant convicted of nonconsensual dissemination may be facing any of these penalties:
A criminal record
Payment of restitution for the victim’s mental health treatment
Increased difficulty in securing housing, employment, and government benefits
Difficulties in obtaining certain loans
Loss of voting rights
Deterioration of personal and professional relationships
A knowledgeable Ohio sex crimes defense lawyer can determine the best defenses to fight your criminal allegations and help you avoid the far-reaching consequences of a criminal conviction.
Fighting revenge porn accusations isn’t impossible. With the support of an experienced attorney, here are some possible legal defenses that you can use to help fight your revenge porn accusations:
The victim consented or agreed to the image being distributed
You didn’t distribute the image intentionally
The alleged victim cannot be identified in the image
There was no harm intended
You had no intention to cause emotional distress
No one suffered emotional distress from your act
An experienced revenge porn defense attorney can explore your available legal defenses and determine the best way to help fight your charges.
Take Legal Action Today
Trying to defend your revenge porn allegations without skilled guidance and representation could increase your likelihood of getting convicted. If convicted, you may face massive fines, jail time, a criminal record, restitution to the victim, and other life-changing consequences. Therefore, when arrested and charged with revenge porn, you need to retain a knowledgeable criminal defense lawyer for proper guidance and to help strategize your defense.
Attorney Stephen Wolfe and Attorney Elizabeth Mote have the diligence and skill to guide and defend clients in their revenge porn or sexting cases. As your legal counsel, they will review and investigate every aspect of your case and outline an effective defense in pursuit of the best possible outcome for your personal situation. The attorneys at Wolfe Law Group, LLC will fight vigorously to protect your best interests, dispute the charges against you with factual evidence, and help keep your record as clean as possible.
Contact Wolfe Law Group, LLC today to schedule a simple case assessment with a trusted criminal defense lawyer. The legal team can offer you the strong representation and detailed guidance you need to fight your revenge porn charges. The firm proudly represents clients across Columbus, Westerville, Hilliard, Gahanna, Powell, Dublin, Pickerington, Newark, and Delaware County, Ohio.