What It Takes to Fight Revenge Porn Charges Under California Law if Charged in San Diego

Posted on: May 5th, 2025 by Dod Law

Fight Revenge Porn Charges

The digital age has brought with it a disturbing rise in revenge porn cases across California. For those facing these serious charges in San Diego, understanding the legal complexities and potential defense strategies is essential to protecting your future. Revenge porn accusations can devastate your reputation, career prospects, and personal relationships—even before any conviction.  Learn more about what it takes to fight revenge porn charges in San Diego.

At Dod Law, we defend clients throughout San Diego County against revenge porn charges, providing experienced legal representation when you need it most. With over 19 years of criminal defense experience in San Diego courts, we understand what it takes to challenge these allegations effectively.

Understanding Revenge Porn Laws in California

California was the first state to criminalize revenge porn with the passage of Penal Code 647(j)(4) in 2013. Under this law, revenge porn occurs when someone:

• Intentionally distributes images or videos of another person in a state of nudity or engaged in sexual acts
• The distribution is done without the consent of the person depicted
• The person depicted had a reasonable expectation that the material would remain private
• Distribution causes serious emotional distress to the person depicted

Importantly, this law applies regardless of whether you originally obtained the images with consent. Even if someone willingly shared intimate images with you during a relationship, distributing those images after the relationship ends without their explicit permission could lead to criminal charges.

The penalties for revenge porn in San Diego can be severe, including:

• Up to 6 months in county jail for a first offense
• Fines up to $1,000
• Misdemeanor probation
• Potential registration as a sex offender in certain circumstances
• Civil liability to the victim

For those with prior convictions, penalties increase significantly, potentially resulting in felony charges with state prison time. Given these serious consequences, mounting a strong defense is crucial.

Effective Defense Strategies for Revenge Porn Charges in San Diego

When fighting revenge porn charges in San Diego, several defense strategies may be available depending on the specific circumstances of your case:

Lack of Intent

The prosecution must prove you intentionally distributed the images to cause emotional distress. If we can demonstrate you had no malicious intent or that the distribution was accidental, this may provide a viable defense. For example, if your account was hacked or someone else accessed your devices without permission, you may not be criminally liable.

Consent for Distribution

If the person depicted gave you explicit permission to share the images, this constitutes a complete defense to revenge porn charges. However, proving consent specifically for distribution (not just for taking the photos) can be challenging and typically requires clear documentation.

Identity Challenges

In some cases, we may challenge whether you were actually the person who distributed the images. This is particularly relevant in situations involving shared devices, public computers, or compromised accounts where someone else could have been responsible for the distribution.

Constitutional Challenges

In certain cases, we may raise First Amendment challenges or argue that the law is being applied too broadly in your specific situation. While freedom of speech has limitations, there are circumstances where these constitutional arguments may be applicable.

The Importance of Digital Evidence in San Diego Revenge Porn Cases

Digital evidence plays a critical role in revenge porn cases. Our defense strategy often involves a comprehensive forensic examination of relevant electronic data, including:

• Metadata from images to determine when and how they were created and distributed
• Message logs showing communications between parties
• Access logs showing who had control of devices or accounts at relevant times
• Cloud storage records and backup data
• Social media activity and account access information

Properly preserving, analyzing, and presenting this technical evidence requires specific expertise. At Dod Law, we work with digital forensics experts who can extract and interpret crucial electronic evidence to support your defense in San Diego courts.

Navigating the San Diego Court System for Revenge Porn Cases

Revenge porn cases in San Diego may be handled differently depending on the specific courthouse and judge assigned to your case. Local procedural knowledge can make a significant difference in the outcome of your case. Our team’s extensive experience in San Diego County courts means we understand:

• The tendencies and preferences of local judges
• The approach of San Diego prosecutors handling these cases
• Procedural variations between different San Diego courthouses
• Local diversion programs that may be available for first-time offenders
• How to effectively negotiate with local district attorneys

This regional expertise allows us to tailor our defense strategy to the specific legal environment where your case will be decided.

Contact an Experienced San Diego Criminal Defense Attorney | Fight Revenge Porn Charges

Facing revenge porn charges in San Diego requires a defense attorney who understands both the technical aspects of these cases and the nuances of California law. At Dod Law, we provide aggressive defense for clients throughout San Diego County, drawing on our extensive trial experience and deep knowledge of digital evidence.

With recognition as San Diego County’s 2023 Trial Lawyer Of The Year and experience handling over 6,500 criminal cases, our team offers the skilled representation you need when facing these serious allegations. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form