Is Revenge Porn a Felony in Arizona?

For anyone facing accusations of non-consensual sharing of intimate images, also known as revenge porn, it is natural to have a lot of questions and concerns. “Is revenge porn a felony in Arizona?” is often one of these. At Belén Law Firm in Phoenix, AZ, our experienced legal team is here to provide clarity on Arizona’s revenge porn laws and the potential consequences of a revenge porn charge.

In Arizona, revenge porn is typically a felony crime, which indicates just how seriously the state takes these cases. If you are facing revenge porn accusations in Arizona, contact a Phoenix sex crime defense lawyer at Belén Law Firm today. We’re here to offer you the experienced legal support you need to understand the charges against you and build a defense on your behalf that is focused on your rights and future.

Contact our firm today at (602) 715-0908 or reach out online to schedule a confidential consultation and learn how we can assist you in protecting your freedom and reputation.

Is Posting Someone’s Nudes Illegal?

Generally, posting someone’s nudes without their consent is illegal in every state except for South Carolina. Depending on what state you’re in, the punishments can vary, but posting intimate pictures of another person–electronically or otherwise–without that person’s consent is against the law and can result in criminal charges.

What is Revenge Porn?

Revenge porn is a form of nonconsensual pornography involving the non-consensual sharing of intimate or explicit images or videos, typically as an act of retaliation or to embarrass or harm the person depicted. It often involves disclosing private, explicit content to cause emotional or reputational damage.

Revenge porn is often distributed by someone seeking retaliation, such as a former partner, former spouse, or someone with a personal grudge against the depicted person.

Examples of Revenge Porn

Revenge porn can take many forms, including:

• Posting nude pictures of an ex-partner on social media without their consent.
• Sharing private videos with friends or strangers through messaging apps.
• Uploading a digital recording of a sexual act to an adult website with the intent to embarrass or damage the depicted person’s reputation.
• Distributing intimate photos via email to a person’s family members or colleagues.
• Threatening to leak private images unless the depicted person complies with demands.
• Printing out and posting images of someone engaging in sexual activity in and around someone’s workplace

Is Revenge Porn a Crime?

Yes, revenge porn is a crime in Arizona. Under Arizona law, the non-consensual disclosure of intimate images is a criminal offense.

Is Viewing Revenge Porn Illegal?

In Arizona, viewing revenge porn itself isn’t explicitly illegal; however, possessing, sharing, or distributing non-consensual intimate images is a crime. Engaging with such content can still result in criminal charges, so it’s important to never knowingly engage in revenge porn and report it to the authorities if you suspect that someone is distributing explicit images without the person’s consent.

When Did Revenge Porn Become Illegal?

Revenge porn first became illegal in Arizona in 2014 when the state enacted laws criminalizing the non-consensual sharing of intimate images, but the law was ruled unconstitutional and amended in 2016. The amendment added an “intent to harm” to the law, protecting legitimate artists and photographers.

Revenge Porn Laws Arizona

Arizona’s revenge porn law is designed to protect individuals from having their private images shared without their consent. When people engage in sexual activity or create explicit images or videos, they often have a reasonable expectation that those images or videos will not be shared without their consent.

Additionally, when this content is shared without the person’s permission, it is often done to harm them in some way. This Arizona law is designed to criminalize such acts, protecting people from the emotional and reputational damage that unlawful disclosure of explicit images can cause.

ARS § 13-1425

Under ARS § 13-1425, someone can be charged with revenge porn if they intentionally disclose images showing someone in a state of nudity or engaged in specific sexual activities without that person’s consent.

For it to qualify as a crime, the person depicted must be identifiable, have a reasonable expectation of privacy, and the image must be disclosed with the intent to harm, harass, intimidate, threaten, or coerce them.

A “reasonable expectation of privacy” means that the person depicted in the image had an actual expectation that the image would remain private, and this expectation is considered reasonable by societal standards. It’s important to note that a person’s reasonable expectation of privacy isn’t negated by privately sharing the image with another person.

Exemptions to this law include disclosures made for legal, medical, or law enforcement purposes, those involving voluntary exposure in a public or commercial setting, or those made with the depicted person’s consent.

Violating this law is normally considered a Class 5 felony in Arizona. However, if the explicit image or video is disclosed via a phone, computer, or any other electronic device, it is classified as a Class 4 felony. Threatening to share such an image without actual disclosure is classified as a Class 1 misdemeanor.

Can You Go To Jail for Revenge Porn?

Yes, you can go to jail for revenge porn in Arizona. Sharing intimate images without consent, especially with the intent to harm or harass the person depicted, is a criminal offense that carries the possibility of jail time.

The length of the potential jail sentence is dependent on whether the alleged perpetrator merely threatened to share the images, or if they actually shared the images. It’s also dependent on whether they shared the sensitive images through physical means or shared the images via electronic means.

Arizona Revenge Porn Sentence

In Arizona, the potential jail sentence for a revenge porn conviction varies based on the specifics of the offense. Below are the penalties for the various severities of revenge porn charges:

• If a person threatens to share revenge porn but doesn’t actually share any revenge porn, they can still be charged with a Class 1 misdemeanor and face up to six months in jail.
• If a person shares revenge porn via non-electronic means, they can be charged with a Class 5 felony and face up to two years in prison for a first offense.
• If a person shares revenge porn via electronic means, they can be charged with a Class 4 felony and face up to three years in prison for a first offense.

Additionally, a person convicted of distributing revenge porn in Arizona can face steep fines and be subjected to consequences outside of the legal system. Some of these include difficulty finding employment and housing, damage to their reputation, strain on their relationships, and more.

Arizona Revenge Porn Statute of Limitations

According to Arizona’s revenge porn law, the statute of limitations for felony revenge porn cases is generally seven years. This means that prosecutors have up to seven years from the date of the offense to file charges against an individual accused of disclosing intimate images without consent.

The statute of limitations for misdemeanor revenge porn cases, however, is one year from the date of the incident.

Do You Need a Criminal Defense Attorney for Revenge Porn Charges?

If you’re facing revenge porn charges in Arizona, having a criminal defense attorney is important to ensure you receive the best possible outcome in your case. Revenge porn is often a felony crime in Arizona, which can lead to severe legal consequences including potential prison time.

At Belén Law Firm, our criminal law attorneys are dedicated to providing strong defense strategies for clients facing revenge porn charges. Our team will thoroughly examine the details of your case, from assessing whether there was a clear intent to harm to investigating if you had proper consent for sharing the images.

We also explore any potential violations of your constitutional rights, such as unlawful searches or seizures. We’ll build a comprehensive defense on your behalf, striving to achieve the best possible outcome for your particular case, whether that means a reduction of charges, dismissal, or an acquittal.

If you are accused of unlawful disclosure of private images, contact us today to discuss your revenge porn case.

Call an Experienced Phoenix Revenge Porn Defense Attorney at Belén Law Firm Today

If you’re facing revenge porn charges, you need an experienced Phoenix criminal defense attorney on your side to help defend against these accusations. At Belén Law Firm, we understand that these cases are highly sensitive and can have serious consequences for your personal and professional life.

Our legal team has the knowledge and dedication to thoroughly investigate your case, identify any weaknesses in the prosecution’s evidence, and provide you with the guidance you need when facing these charges. We can also help those accused of related crimes such as domestic violence, child pornography, or other internet crimes in Arizona.

Revenge porn allegations can have lasting effects, but you don’t have to face these charges alone. Call our law firm at (602) 715-0908 or contact us online to schedule a free consultation with a member of our legal team regarding your case. Let’s start building your defense.