Pennsylvania Revenge Porn Laws: Understanding 18 Pa.C.S. § 3131, Penalties, & Defenses

When intimate moments shared in confidence are weaponized and posted online, the impact can be devastating. If you or someone you love is a victim of revenge porn in Pennsylvania, it’s critical to understand your rights and remedies under the law.

In this article, we’ll provide a comprehensive breakdown of Pennsylvania’s revenge porn statute, 18 Pa.C.S. § 3131. We’ll explain what legally qualifies as revenge porn, potential criminal penalties, and defenses against charges. For victims, we’ll outline the steps to take to protect yourself and your rights.

Whether you’re looking to pursue a civil lawsuit against the person who posted your intimate content without your consent, our attorneys are here to provide the knowledge and support you need.

What is Considered Revenge Porn Under 18 Pa.C.S. § 3131?

Pennsylvania’s revenge porn statute criminalizes the unlawful dissemination of intimate images. To understand what actions constitute a violation of this law, let’s break down the key legal requirements for prosecuting a revenge porn case in Pennsylvania:

1. Intimate image: The content must depict a person who is fully nude and/or performing a sexual act
2. Disseminated by a Current or Former Sexual or Intimate Partner: In Pennsylvania, the content must have been sent or posted by the victim’s former or current sexual or intimate partner.
3. Without the Victim’s Consent: The victim did not consent to the dissemination of the content. Even if the victim originally agreed to have the photo or video taken or consensually shared it with the defendant, disseminating it further without express permission can still constitute a crime.
4. Intent to harass, annoy, or alarm: The person who disseminated the content did so with the intent to harass, annoy, alarm or cause emotional distress to the victim. Unfortunately, without this malicious intent, an act may not meet the legal definition of revenge porn.

So, what do these legal requirements look like in practice? Here are a few illustrative examples:

• John and Mary dated for a year, during which time Mary sent John several nude photos of herself. After they break up, John posts the photos on his social media accounts to get back at Mary for ending the relationship. This would likely qualify as revenge porn.
• Sam is a high school student who receives an unsolicited nude photo from a classmate, Erica. Sam shows the photo to some friends but doesn’t post it online. While this is a violation of Erica’s privacy, it likely wouldn’t meet the requirements of 18 Pa.C.S § 3131 since Sam did not publicly disseminate the image and would not be considered to have acted with the intent of harming Erica, even if his actions did indeed cause her harm
• Jeff and Lisa are married. During an argument, Jeff threatens to post their private sex videos online if Lisa leaves him. Even though the videos were made consensually during the marriage, sharing them publicly without Lisa’s consent and with the intent to cause her distress would be considered revenge porn.

It’s important to note that 18 Pa.C.S. § 3131 applies to any intimate images disseminated without consent, not just those shared after a relationship ends. The term “revenge porn” is actually somewhat of a misnomer, as the person’s motives behind disseminating the content without consent need not be revenge specifically. Any dissemination of nonconsensual intimate images intended to harm the victim can fall under this statute, regardless of whether the victim’s relationship to the defendant has ended or not.

Criminal Penalties for Revenge Porn in Pennsylvania

Violating Pennsylvania’s revenge porn law carries serious criminal consequences. The specific penalties depend on the age of the victim:

When the person depicted in the content is an adult (over the age of 18), unlawful dissemination of intimate images is graded as a second-degree misdemeanor. A conviction at this level can result in:

• Up to 2 years in prison, and/or
• A fine of up to $5,000

However, when the person depicted in the content is a minor (under the age of 18), the offense is elevated to a first-degree misdemeanor. The potential penalties become more severe, including:

• Up to 5 years in prison, and/or
• A fine of up to $10,000

Civil Lawsuits for Revenge Porn in Pennsylvania

A victim of revenge porn can also file a civil lawsuit in Pennsylvania for the harm caused by the intentional distribution of their intimate images. To file a civil lawsuit, the victim must show that all the legal requirements of 18 Pa.C.S. § 3131 have been met.

If the court finds that the defendant is liable for violating Pennsylvania’s revenge porn statute, the court can:

• Award the victim actual damages (e.g., loss of money, reputation, property) OR $500, whichever is greater
  • The court can choose to award a victim up to three times the amount of actual damages
• Award the victim attorney’s fees and court costs
• Order additional relief as it deems necessary

Pennsylvania law requires courts to consider the long-term impact that non-consensual image sharing has on a victim.

I’m a Victim of Revenge Porn in PA. What Should I Do?

If you’ve discovered that someone has shared your intimate images online without your consent, it’s essential to take swift action to protect yourself and preserve your legal options. Here are some key steps to consider:

• Document everything: Create a thorough record of the incident, including screenshots of the posted content, URLs, timestamps, and any communications with the defendant. This evidence will be crucial for both criminal and civil proceedings. Be sure to store the documentation securely, such as on a password-protected device or cloud storage account.
  However, if any person was under the age of 18 when the content was created, you should not download or save the actual images as this may be considered possession of child pornography, a serious crime. Instead, create a detailed list of where the images can be found and discuss potential legal ramifications with an experienced criminal law attorney.
• Report the content to web platforms: Most reputable websites and social media platforms prohibit the posting of nonconsensual intimate images. Promptly file a report with the platform requesting the removal of your content, citing their policies against revenge porn. Many companies have dedicated processes for handling these violations and can act quickly to take down the offending posts.
• Notify law enforcement: If you are interested in filing criminal charges, contact your local police department to file a report about the unlawful dissemination of your intimate images. Provide them with the evidence you’ve gathered and any information you have about the defendant’s identity and motives. Be prepared to cooperate with the investigation and potential prosecution of the case.
• Consult with an attorney: Seeking the guidance of an experienced lawyer who specializes in revenge porn cases can be invaluable. They can help you understand your legal rights, explore civil remedies such as a restraining order or lawsuit and advocate for your interests throughout the process. Look for attorneys with a track record of success in handling these sensitive matters.
• Seek support services: The emotional toll of revenge porn can be devastating. Don’t hesitate to reach out for help from trusted friends, family members or mental health professionals. Many victims find strength in connecting with others who have faced similar experiences through support groups or online communities. Remember, you are not alone, and there are resources available to assist you.

Taking these proactive steps can help mitigate the harm caused by the nonconsensual sharing of your intimate images and put you on the path to seeking justice and reclaiming your privacy. It may be a difficult and uncomfortable process, but with the right support and legal guidance, you can regain a sense of control over your life and reputation.

Navigating Pennsylvania Revenge Porn Laws: You’re Not Alone

Revenge porn is a deeply violating crime that can leave victims feeling exposed, betrayed and hopeless. But it’s important to remember that Pennsylvania law is on your side. By understanding your rights under 18 Pa.C.S. § 3131, you can take steps to hold defendants accountable and reclaim your privacy and peace of mind.

If you’re facing revenge porn charges, the stakes are equally high. A conviction can carry life-altering consequences, from prison time to a tarnished reputation. But with a skilled defense attorney in your corner, you may be able to mitigate the damage and secure a more favorable outcome.

At Minc Law, we’re committed to providing the expert guidance and fierce advocacy you need, whether you’re a victim seeking justice or an accused individual fighting for your future. Our experienced attorneys have successfully handled countless revenge porn cases and understand the nuances of Pennsylvania’s laws.

You don’t have to face this difficult situation alone. Contact us today to schedule a confidential consultation and learn how we can help you navigate Pennsylvania’s revenge porn laws with confidence and clarity.