For many people, it’s a phenomenon that has gone unpunished for far too long. Seductive and even sexually explicit images or videos of men and women are regularly posted online, usually as an act of revenge by former sexual partners. Dubbed “revenge porn,” it has  caused embarrassment, distress and depression that some victims find impossible to live with.

The issue has made headlines in recent years due to the high number of celebrities who have been targeted. During the 2014 Labor Day weekend, Jennifer Lawrence, Kate Upton and other famous actresses, singers and athletes had intimate photos stolen by unknown hackers and shared on community sites like Reddit and 4chan. More recently, in March 2017 the former boyfriend of actress Mischa Barton started offering around nude photos of her. She took him to court and won her case the following June. Her ex was ordered to hand over all explicit images and videos.

There is presently no federal law against this appalling behavior, which targets more women than men, although 38 states and Washington, DC have their own laws. New York State does not yet have a comprehensive law against revenge porn—in 2014 an unlawful surveillance bill was passed that made it illegal to distribute sexually explicit images of someone without their permission, but it does not protect those who take explicit photos of themselves and send them to a partner, who then uses the images to hurt the victim.

In November of this year, the New York City Council attempted to tackle the problem by making it a misdemeanor to post, or threaten to post, such images without the depicted person’s consent. A convicted defendant could be compelled to pay a $1,000 fine, spend up to a year in jail, or both.

The New York City bill gives plaintiffs the legal standing to

•      Seek an injunction against the distribution of the images and/or
•      Sue for both compensatory and punitive damages

Although proponents of a revenge porn law welcomed the New York City bill, many were concerned about its overall effectiveness, as a qualifying factor is the “intent to cause harm.” That intent isn’t always easy to prove. As a result, advocates are calling for victim protection to be in place no matter what motivated the offender.

According to a study spearheaded by the Cyber Civil Rights Initiative, one out of every eight American Internet users has been victimized by the distribution of sexually explicit images without their consent. Last April, Facebook confirmed that it was applying a tool that would prevent reported non-consensual images from being uploaded again.

If you have been accused of a computer or internet crime or are seeking legal advice related to a criminal matter in New York State, then contact the Law Offices of Julie Rendelman, LLC at 212-951-1232. Ms. Rendelman is a criminal defense attorney with an office located in Midtown Manhattan who has more than 20 years of legal experience. She offers free consultations. Do not delay in contacting a lawyer if you are facing criminal charges or fear arrest as a guilty conviction can have negative consequences for years to come.