Westchester County Student Revenge Porn Defense Lawyer
The topic of “revenge porn” has fallen increasingly into the public eye as of life. Many people understandably want to punish those who post intimate videos or pictures of others online without the sender’s permission. However, since publishing “revenge porn” is not specifically illegal in the State of New York, criminal cases involving such actions can be more complicated than they might seem.
If you are a student who needs assistance defending yourself in a case involving unlawful distribution of pornographic material, an experienced Westchester County student revenge porn defense lawyer may be able to help. Seasoned criminal defense attorneys know how to build effective defense strategies, aggressively defend your best interests in court, and work to ensure you receive a fair trial.
The Basics of Revenge Porn
The term “revenge porn” commonly refers to the posting or display of intimate pictures or videos without an individual’s consent. The images or videos may have additionally been taken without that person’s consent, but the former scenario is what specifically qualifies an action as involving “revenge porn.”
In many revenge porn cases that Westchester County student defense attorneys handle, one partner is accused of recording intimate moments during a relationship. Then, after the relationship ends, they allegedly post the pictures or recordings—or other pictures or recordings given to them privately and consensually during the relationship—online or to a social media account.
Unlawful Surveillance Laws in Westchester County
Although there is no single section in New York Penal Law that covers revenge porn cases, defendants in such cases could face multiple different charges. Under New York Penal Law §250.45, for example, a person may not intentionally record or broadcast the intimate parts of another person at a time and place when that person has a reasonable expectation of privacy. Additionally, any such recording or broadcast may not be done without the alleged victim’s knowledge or consent.
As a result, second-degree unlawful surveillance charges could arise in revenge porn cases where the defendant is accused of recording sexual conduct between themselves and a former partner. Unlawful surveillance in the second degree is generally a class E felony, which carries a potential prison term of between three to four years.
Other Revenge Porn Crimes
Other potential charges in New York revenge porn cases could include eavesdropping and obscenity charges. Eavesdropping generally requires engaging in “mechanical overhearing of a conversation,” according to NYPL §250.05. In some revenge porn cases, prosecutors accuse the defendant of installing a recording device to purposefully record intimate moments between the defendant and another person.
Revenge porn defendants may also be charged with obscenity, which addresses the unlawful promotion of obscene or sexual material. Since the charges in each revenge porn case are likely to be different, students defending themselves in such cases are advised to call a revenge porn defense lawyer in Westchester County as soon as possible for advice on how their personal situation may progress.
Work with a Westchester County Student Revenge Porn Defense Attorney Today
Revenge porn cases involve relatively new areas of law, as well as potentially multiple criminal charges depending on the specific facts of the case. As a result, revenge porn cases can be complicated and usually require different strategies from one case to the next.
If you need help with a revenge porn case, you may benefit from legal counsel that knows how to develop different defense strategies to fit different cases. Contact a Westchester County student revenge porn defense lawyer today to set up a consultation and start developing a plan for your defense that takes into account your side of the story and prioritizes your best interests.