Revenge Porn

Revenge porn, also called nonconsensual porn, refers to the practice of distributing sexually explicit photographs or videos without the consent of an individual featured in the images. In Utah, revenge porn offenses constitute the crime of distribution of an intimate image.

While the first offense for distribution of an intimate image is a misdemeanor, subsequent offenses can result in felony charges. Convictions for these types of crimes can carry steep penalties, including possible incarceration and large fines.

Lawyer for Revenge Porn Arrests in Salt Lake City, UT

If you are under investigation for the distribution of an intimate image under Utah code 76-5b-203, you should contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP, before making a statement to any law enforcement officer.

Our criminal defense attorneys in Salt Lake City defend clients charged with sexually motivated offenses in communities throughout Utah. We can provide a free and confidential evaluation of your case when you call (801) 532-5297.

Additional Information about Revenge Porn Crimes

• Revenge Porn Definition in Utah
• Revenge Porn Penalties in Utah

Revenge Porn Definition in Utah

Under Utah code 76-5b-203, an actor commits the offense of distribution of an intimate image if they meet the following criteria:

• the actor knowingly or intentionally distributes to a third party, or knowingly duplicates or copies an intimate image of an individual who is 18 years old or older and knows or should know that the distribution, duplication or copying would cause a reasonable person to suffer emotional distress or harm
• the actor has not received consent from the individual depicted in the image to distribute the intimate image;
• the intimate image was created by or provided to the actor under circumstances in which the individual depicted in the image has a reasonable expectation of privacy; and
• except as provided in subsection (2)(b), actual emotional distress or harm is caused to the individual depicted in the image as a result of the distribution.

Subsection (2)(b) states that the final bullet point above (causing actual emotional distress or harm) is not required for the offense if the following are true:

• the individual depicted in the intimate image was the victim of a crime;
• the intimate image was provided to law enforcement as part of an investigation or prosecution of a crime committed against the victim;
• the intimate image was distributed without a legitimate law enforcement or investigative purpose by an individual who had access to the intimate image due to the individual's association with the investigation or prosecution; and
• the victim is incapacitated or deceased.

Visit the Utah State Legislature website to learn more about Utah code 76-5b-203, including the definitions of distribution, intimate images, and more. 

Revenge Porn Penalties in Utah

A first-time conviction of distribution of an intimate image is a class A misdemeanor. Convictions are punishable by up to one year in jail and a fine of up to $2,500.

Second or subsequent convictions are classified as third-degree felony offenses. In such cases, convictions can be punishable by up to five years in prison and a fine of up to $5,000.

Utah does not require a person convicted of distributing an intimate image to register as a sex offender. Convictions will still appear on criminal records and can negatively impact a person's employment, housing, or professional licensing applications.

Find a Revenge Porn Defense Lawyer in Salt Lake City, UT

If you were arrested or believe that you could be under investigation in Utah for distribution of an intimate image, it would be in your best interest to immediately seek legal representation. The attorneys at Brown, Bradshaw & Moffat represent individuals all over Salt Lake County.

Our Salt Lake City criminal defense lawyers understand the multiple ways that these types of allegations can affect the lives of people accused of such crimes, and we can fight to help you achieve the most desirable resolution to your case.

Call (801) 532-5297 today to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.