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Philadelphia Revenge Porn Lawyer

Following a number of highly publicized cases involving the posting of nude or intimate photos of former romantic partners on the internet, the Pennsylvania Legislature passed a “revenge porn” law. Those convicted of this crime face serious consequences, including jail time and hefty fines. If you were recently charged with violating the revenge porn law, it is critical to speak with an experienced criminal defense attorney who can attempt to have your charges reduced or even dismissed.

Schedule your consultation by calling our firm at (215) 610-3440 or sending us an online message.

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We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.

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Prohibited Conduct

A person can be charged with unlawfully disseminating an intimate image if he or she:

  • Sent a visual depiction of his or her current or former sexual partner in a state of nudity or engaging in sexual conduct; and
  • Had the intent to harass, annoy, or alarm the subject of the photo.
  • A visual depiction is defined as a representation by picture, which includes, but is not limited to photographs, video tapes, film, or computer images.

Penalties for Distributing Unauthorized Pornography

If the person depicted in the photo is over the age of 18 years old, a defendant will be charged with a second degree misdemeanor, which is punishable by up to two years in prison and a $5,000 fine. However, the charge will become a misdemeanor of the first degree if the person depicted is a minor. First degree misdemeanors are punishable by five years in jail and $10,000 in fines.

Many individuals who are charged with unlawfully disseminating intimate images are also charged with additional crimes, such as harassment and stalking. If the subject of a photo was a minor, the person charged with disseminating it could also face allegations of possessing child pornography.

Possible Defenses

There are a number of defenses that a defendant can raise in these types of cases, including that:

  • He or she disseminated the photographs with the subject’s consent;
  • The subject of the photo is not nude or engaging in sexual conduct according to the legal definitions;
  • The subject of the photo was never his or her intimate partner; and
  • He or she lacked malicious intent when the photos were disseminated.

Some lawmakers are attempting to broaden the scope of Pennsylvania’s revenge porn law. If passed, the amendment would criminalize the dissemination of any explicit photographs, whether the subject consented to the dissemination or was previously in a relationship with the person who sent the photos. If enacted, these changes could make it much simpler to convict a person for disseminating intimate photos, even if the person obtained the subject’s consent.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen
From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.
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Frequently Asked Questions About Unauthorized Pornography Charges

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

  • Pennsylvania law defines unauthorized pornography as the intentional dissemination of an intimate image of a current or former sexual partner who is depicted nude or engaging in sexual conduct. To qualify as a criminal offense, the image must be shared with the intent to harass, annoy, or alarm the person depicted.
  • If the person in the image is an adult, the offense is a second degree misdemeanor, carrying up to two years in prison and fines up to $5,000. If the person depicted is a minor, the charge becomes a first degree misdemeanor, which may result in up to five years in jail and fines up to $10,000. Additional charges such as harassment, stalking, or even child pornography may also be added depending on the circumstances.
  • Yes. Common defenses include proving that the subject consented to the dissemination, that the image does not meet the legal definition of nudity or sexual conduct, that the subject was not an intimate partner, or that there was no intent to harass or alarm. The viability of these defenses depends on the specific facts of the case.
  • Lawmakers have proposed expanding the revenge porn statute to make it illegal to share explicit images even when the subject previously consented or had no intimate relationship with the sender. If passed, these amendments could significantly broaden liability. Anyone facing charges should speak with a defense attorney promptly to understand how current or proposed laws may impact their case.

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