Taking racy photos or videos of your romantic partner might seem like a good way to spice things up in the bedroom, but you could face serious legal consequences if those private images fall into the wrong hands.
As of March 2023, revenge porn is illegal in 48 states and in Washington, D.C. Revenge porn, sometimes referred as "nonconsensual pornography" or NCP, has been illegal in Oklahoma since 2016. Sen. David Holt (R-Oklahoma City) led the effort to make revenge porn a criminal offense after being inspired by Heavin Taylor, a young woman who was subject to harassment from strange men after her ex-boyfriend posted her personal photos and identifying information online without her consent. The experience led her to seek therapy for suicidal thoughts.
Determining if Sexually Explicit Images Are Covered Under Oklahoma Revenge Porn Law
Revenge porn laws in Oklahoma refer to still photographs as well as films, videotapes, or digital recordings. There are six factors that must be considered: the age of the victim, whether the victim can be identified, if the image shows a sexual act, the presence of criminal intent, violation of the victim's right to privacy, and lack of consent.
Age of Victim in the Nude Pictures
The person in the nonconsensual pornography must be at least 18 years of age to be covered by the statute. If the victim is under 18, the photo would be covered by Oklahoma's child pornography laws.
Identifiability of the Victim
The victim of revenge porn must be identifiable from the image itself or information being displayed in connection with the material. A photo where the person depicted is not identifiable because their face is covered and the image distribution contained no personal details would not qualify as revenge porn.
Sexual Content Within the Image
Revenge porn typically features a person engaged in genital, anal, or oral sex. However, the law also applies to images with a person's intimate body parts exposed. The term "intimate parts" refers to the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or female adult nipple. However, Oklahoma law specifically excludes a sexually explicit image with voluntary exposure in commercial or public settings.
Intent to Harm
Oklahoma's revenge porn law covers cases where a person distributes an image with the intent to harass, intimidate, or coerce the victim. Typically, this involves distributing nude pictures to shame past romantic partners, but it could also refer to cases where the motivation is some type of financial gain.
Violation of Privacy
Oklahoma's revenge porn laws only apply to cases where the defendant obtains an intimate image under circumstances in which there was a reasonable expectation of privacy.
Lack of Subject's Consent
For criminal charges to apply, the person in the photo, video, or recording must not have consented to the distribution of the material.
Penalties for the Distribution of Private Sexual Images Without Consent
Under 21 O.S. § 1040.13b: Nonconsensual Dissemination of Private Sexual Images, a person can be found guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, a fine of not more than $1,000, or both a fine and prison time. A second offense would be considered a felony with the requirement to register as a sex offender.
Depending on the circumstances, a person charged with distributing revenge porn images could face charges for additional crimes. For example, if you're accused of demanding payment or personal favors to stop the distribution of the images, you could be charged with blackmail. Oklahoma law considers blackmail a felony that is punishable by imprisonment in the State Penitentiary for up to five years, a fine of up to $10,000, or both fine and imprisonment.
Victims of the unlawful dissemination of intimate images may also be able to sue for damages in civil court. Civil cases require a different standard of proof, but a conviction for criminal charges related to revenge porn would only strengthen the victim's civil case.
How a Tulsa Criminal Defense Lawyer Can Help When You've Been Charged With Distributing Revenge Porn Images
Revenge porn charges can put your future at risk. Don't take chances with your legal representation. You need a Tulsa criminal defense lawyer with experience handling these types of sensitive cases. To protect yourself, you should seek legal advice as soon as possible.
I worked as a prosecutor before becoming a Tulsa criminal defense attorney, which has given me an in-depth understanding of how they charge and prosecute cases, the kinds of theories and evidence they'll present, and what witnesses they'll put on the stand. When Berlin Defense handles your case, you can be confident that this insider knowledge will be put to work for you.
