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What’s Considered Revenge Porn?

Posted by John C. Taylor | Jan 01, 2020 | 0 Comments

In July 2016, Tennessee joined the majority of other states and passed its version of a revenge porn law, which created the criminal offense of unlawful exposure. The law allows for the prosecution of nonconsensual pornography, which amounts to distributing sexually charged or nude photographs of someone without their consent. The consequences of a conviction can be significant, and if you are charged, you need the professional legal counsel of an experienced Murfreesboro criminal defense attorney on your side.

Revenge Porn Defined

In the State of Tennessee, revenge porn or unlawful exposure includes the following elements:

  • The person charged distributed – with the intent to cause emotional distress – an image of an identifiable person's intimate body part or parts.
  • The image (photo or video) was recorded within circumstances in which both parties recognize that the images would remain private between themselves.
  • The person depicted in the image suffers emotional distress as a result of the distribution.

For this law's purposes, emotional distress refers to significant mental suffering that may or may not require medical or other professional treatment. And intimate body parts refer to exactly what you think of as private body parts – the parts that represent sexual characteristics of men and women. Finally, it's important to point out that nothing in this charge precludes the act in question from being punished under any other Tennessee law that allows for greater punishment.

The Revenge Component of Revenge Porn

While revenge isn't always the impetus behind so-called revenge porn, it often is. The internet has provided all of us with resourceful ways to disseminate whatever information we feel like whenever we feel like it, and some of us are more inclined to do so than others. Breakups can be especially daunting for some people, and this can lead to nefarious – even illegal – behavior, including the distribution of revenge porn. Revenge porn is not only emotionally devastating but can also harm the victim's reputation. It's not incredibly difficult to understand just how damaging having an intimate photo of oneself distributed online without one's consent can be.

Revenge Porn Penalties

In Tennessee, a revenge porn conviction is a Class A misdemeanor that carries a maximum term of not more than 11 months and 29 days in jail and a fine of up to $500. The fact is, however, that such a conviction also carries serious consequences in terms of the perpetrator's career and educational prospects, as well as their personal life.

Speak with a Murfreesboro Criminal Defense Lawyer

The experienced Murfreesboro criminal defense team at Taylor Law Group is ready to help. We help our clients defend against all types of criminal charges, so please do not wait to contact us online or call 615-890-1982 for a consultation.

About the Author

John C. Taylor

John C. Taylor is a Murfreesboro native and a graduate of Oakland High School. He earned his bachelor's degree from Furman University in Greenville, SC, where he participated in the Furman Advantage Research program, studying religion in American politics. John also earned his Master's degree.

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