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January 2015 Archives

California's Revenge Porn Law: What You Need To Know

If you have been victimized in a revenge porn case, you should contact a lawyer. Sacramento law has specific litigation regarding revenge porn. Here are the main points of what you should know: What qualifies as "revenge porn?"
"Revenge porn," by legal definition, is the posting or distributing of nude or sexually explicit photos or videos of a person online when they have not consented to distribution. Photos that were taken with consent can still qualify. What states have passed laws against it?
Arizona, California, Colorado, Delaware, Georgia, Hawaii, Idaho, New York, Pennsylvania, Utah, Virginia, Maryland, and Wisconsin have laws in place. What is the punishment?
Under California's disorderly conduct statute, revenge porn is classified as a misdemeanor. Punishment of the crime is jail time of 6 months and a fine of $1,000. Additional fines can also be enforced if repeat violations are proven. To prove this crime has occurred, your counsel must demonstrate four things:
1. The pictures were taken under the understanding that confidentiality would be kept
2. The victim is identifiable in the images
3. Intent of the defendant is to cause emotional distress to the victim
4. Proof the victim is suffering Several defenses make it difficult to hold offenders accountable. The law does not apply if:
1. The victim takes pictures or presses record on the camera. This means that "selfies" do not qualify
2. A hacker obtains the images and a third party redistributes them If you believe you are a victim of revenge porn, contact a lawyer. Sacramento, CA residents can prosecute under this law. 

Electronic monitoring, house arrest aren't as great as they sound

Imagine a person who has been accused and convicted of a crime. They pay their debt to society and serve some time in jail, in addition to a bevy of other consequences. Now, as part of their crime and the punishment it entails, they must spend a year or so under house arrest when they are released from prison. During this time, they will be monitored with an ankle bracelet.

Tags: Weapons Crimes

Rape case falls apart after allegations proven to be untrue

No one will argue that rape is not a serious crime. It's a terrible offense that scars the victim for a long time, if not for the rest of the victim's life. Rape carries a significant stigma with it for the offender, and the individual who is accused or convicted of the crime will face a lifetime of serious consequences -- both in terms of legal punishment, and also personal devastation.

Tags: Sex Crimes

Drunk driver will be forced to relive DUI thanks to online video

As we've talked about numerous times on this blog, the penalties associated with a drunk driving charge are very real and very serious. They can change a person's life and make it very difficult for them to recover from the incident. At the same time, there is also an element of embarrassment and ostracization that goes along with a drunk driving charge.

Tags: Drunk Driving

Weapons charges are unique and complicated

Weapons crimes are obviously very serious matters that need to be attended to by the person who is accused of such an offense. But what many people may not realize is that people who are accused of weapons crimes aren't always the brutes you may think they are. Just because someone is accused of a crime involving a weapon doesn't mean the individual was using a weapon, nor does it mean he or she intended to use the weapon.

Tags: Weapons Crimes

World of juvenile crime is drastically changing (for the better)

There was a time not too long ago that people predicted the rise of the super juvenile criminal. There was a general line of thinking that anticipated the coming of many juvenile criminals who would do anything and everything they could to wreak havoc. Of course, that day never came -- but it didn't stop many states, including California, from passing a wave of laws that enhanced penalties for juveniles if they committed crimes.

Tags: Juvenile Crimes

What happens when you refuse to take a breath test?

Refusing a breath test may seem like a solid strategy for someone who has just been accused of driving under the influence and is now waiting on the side of the road for a police officer to dispense justice. However, refusing a breath test can actually further complicate your legal situation and, in fact, it can lead to more consequences in the future than if you had just consented to the breath test in the first place.

Tags: Drunk Driving

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