Arizona Revenge Porn Regulations

In this day and age, it’s become quite common for an individual to capture intimate moments with a significant other on a smartphone. Whether these are revealing pictures or videos, they’re obviously not intended for dissemination (unless both parties agree to a different arrangement). In the event of a breakup, however, people have been known to do ridiculous things like leaking their ex’s nude pictures. This activity has become known as revenge porn. In Arizona revenge porn regulations are mandated, and revenge porn is punishable by law.

Arizona Regulations

Arizona Revised Statutes 13-1425 came into effect in 2016 and it revolves around the unlawful disclosure of images depicting a state of nudity or sexual activities.

Unlawful disclosure is defined as intentionally disclosing the image of another person in a state of nudity or engaging in a sexual activity while said person has reasonable expectations of privacy. The person should be readily identifiable either through the way in which the picture is taken or through context.

The image has to be disclosed in an attempt to intentionally harm, intimidate or harass said person.

Sharing nude pictures or videos without the consent of the individual depicted in them is a Class 5 felony in Arizona. There are a few exceptions:

  • Whenever an image is disclosed by electronic means, the individual will be charged with Class 4 felony
  • Whenever a person threatens to disclose revealing images but doesn’t do so, they will face Class 1 misdemeanor charges

Class 4 felonies are punishable by a prison sentence of 1.5 years and a fine. A Class 1 misdemeanor carries a maximum prison sentence of six months and a fine of up to 2,500 dollars. Depending on the specifics of the crime, a judge will also be tasked with determining whether the defendant is to be registered as a sex offender.

If a person cannot be recognized on a photo or a video, it’s still unlawful to disseminate the nude. A person that engages in such an act faces Class 4 felony charges.

Think Twice before Sharing That Image Online

As you can see, revenge porn acts are taken very seriously in Arizona. Doing something stupid to get revenge can get you in jail and even worse – it can turn you in a registered sex offender.

On top of the criminal charges, you may face civil action. The victim may sue you for a substantial sum because of the pain and suffering you caused by sharing an image with others or posting it online.

Depending on the specifics of the situation, sharing revenge porn can also be classified as domestic violence. A video or an image that depicts a minor will lead to even more serious charges and vigorous prosecution. Such a person faces child pornography accusations and the sanctions will be a lot graver than in the other scenarios mentioned above.

Even if you do something stupid and you share nudes online, it is still possible to defend yourself.

arizona revenge porn regulationsWhile the revenge porn law in Arizona is relatively new (the state became the ninth one in the country to pass such legislature), there are already experts who are skilled enough to represent clients facing such charges.

The statute makes it clear that disclosure has to occur knowingly and with the intent to harm the person on the pictures. A criminal defense attorney will target these two factors to prove that the conditions haven’t been met under Arizona revenge porn regulations.

Violations during the investigation and the criminal proceedings, as well as violations of the defendant’s civil rights will also be targeted (a failure to read their Miranda Rights is one such example). When a criminal defense attorney does a good job, the sentence could potentially be diminished or the charges may be dropped altogether.