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Is Revenge Porn Legal?

By Aaron Minc on March 14, 2016

Thus, perhaps it was obvious that this practice would arise. However, thankfully state laws have caught-up in many states and jurisdictions. Even if it is not yet illegal in your jurisdiction the Internet defamation removal lawyers of Meyers Roman Friedberg & Lewis, LPA can fight to remove the revenge porn. We guarantee its removal or we will refund your fee. To schedule a free and confidential consultation call us at (216) 831-0042 or contact us online today.

 

sclaes with copyspace showing law justice or court conceptWhether Revenge Porn Is Legal Depends on Your State

For a time due to media reports where the reporter seemingly threw up his or her hands at the complexity of the matter, it seemed like the public simply did not have options when it came to handling revenge porn. However, there have always been options since the unauthorized release of protected photos and other materials has always been civilly actionable. However, what has changed is that there are now also criminal penalties available in most states. The fact that these criminal penalties exist can only help with the removal of the materials and provide a lawyer with additional points to discuss when contacting the website or sites where the post appears.

States with laws prohibiting revenge porn are:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Nevada
  • New Jersey
  • New Mexico
  • North Carolina
  • North Dakota
  • Oregon
  • Pennsylvania
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Wisconsin

Unfortunately, Ohio’s legislature has not taken action regarding a revenge porn bill. Other states have taken a litany of approaches. For instance in Illinois, non-consensual dissemination of private sexual photos is a felony. Other states, like Kentucky and New Jersey, have utilized laws already on the books to criminalize revenge porn.

Even Where Revenge Porn Is Legal, Many Sites Will Agree to Its Removal

If revenge porn is not criminalized in your state, that doesn’t mean that you lack options to secure its removal. Social media and user-generated content sites operate on a nationwide or global scale. Therefore, many are receptive to takedown requests. Aside from the array of states that criminalize the practice, the fact of the matter is that in many cases public outrage over inaction will turn attention away from the victim and towards the site itself. Since most sites would prefer to avoid this type of bad press and backlash and will agree to remove the image.

Working at home with laptop woman writing a blog. Female hands on the keyboard.In cases where the image does not violate site TOS and where the site is uncooperative, additional options to secure its removal may exist. For instance, one option exists for individuals who took the photo on their own behalf. By taking the image, you have intellectual property rights over it. A DMCA takedown request may be an effective means of securing its removal. Furthermore, certain privacy torts may also provide a means to obtain compensation for the pain and suffering and other damages to which you have been subjected. An experienced defamation removal lawyer can explain additional removal options that may exist in your case. Furthermore you lawyer can handle the entire removal process as expediently as possible so you do not suffer additional embarrassment and actual or potential life consequences.

Experienced Internet Defamation Lawyers Can Fight to Remove Revenge Porn

If a former spouse, boyfriend, or girlfriend has posted private images or videos in an attempt to take revenge or to embarrass or humiliate you, the Internet defamation removal lawyers of Meyers Roman Friedberg & Lewis, LPA can fight for you. We understand the feeling of shame and humiliation you may experience, but don’t lose sight of the fact that you are the victim. Nothing the other person claims you did or did not do can justify their decision to engage in revenge porn. If you are looking to take these images down and move onto the next chapter of your life, call our experienced online revenge porn removal legal team at (216) 831-0042 or contact us online.


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