It’s not uncommon in modern society for couples in a sexual relationship to somehow document their sexual activity together (via text, video, etc.). But an increasing trend is the use of those images or videos as revenge after someone has been dumped, cheated on, or otherwise been dissatisfied with the relationship. Is the sharing of this material illegal? What should you do if you’ve been accused of it?

What is revenge porn?

The term “revenge porn,” when it was initially coined, referred to publicly sharing sexually explicit photos or other material of a sexual partner as a means to “get back at them” for something.

Since then, the term has evolved and more broadly includes sharing sexually explicit photos or materials of someone without their consent.

These materials may be shared on various types of media –

• via email,
• Facebook,
• Instagram,
• Snapchat,
• text message,
• porn sites
• or sent in any other type of communication.

Whether it’s used to get back at someone or used to blackmail the victim, revenge porn is against the law in 28 states – including Oklahoma – and the District of Columbia.

What are the details of Oklahoma’s revenge porn law?

Republican Senator David Holt of Oklahoma City introduced legislation regarding revenge porn that was passed in the spring of 2016. 

“Non-consensual pornography is a destructive act that especially targets women, and it should be a crime,” Senator Holt said. “Our statutes often don’t contemplate modern life, and this is one of those situations.”

Now in Oklahoma, it is a crime to disseminate images of another person engaged in a sexual act with the intent to harass or humiliate the person.

For example, a person can be convicted of revenge porn if they are found guilty of:

• Intentionally disseminating material of another adult who is somehow identifiable in the material and is intimately exposed or engaged in a sexual act;
• Obtaining this material when it should have remained private;
• Disseminating this material with intent to harass, intimidate, or coerce the person shown; and/or
• Disseminating this material without consent of the person shown, or when a reasonable person would have assumed there was no consent.

If convicted of revenge porn, the first offense is a misdemeanor with limits of a year in prison and/or paying a $1,000 fine. Subsequent offenses are considered felonies. 

[Note: The above penalties apply to revenge porn revealing a person older than 18. If convicted of disseminating revenge porn of a minor, penalties are much more severe.]

Hire a defense attorney today

If you or someone you know is arrested for distributing explicit pictures without someone’s consent, you need to hire an experienced criminal defense attorney to handle your case immediately.

At Jacqui Ford Law, we work hand-in-hand with you to provide you defense and seek a resolution your issue. Call us at 405-604-3200 today to set your free consultation.