Defending Against Revenge Porn Charges in Oklahoma

Breakups can be brutal. When a relationship ends badly, it’s natural to feel hurt, betrayed, and even enraged. In the heat of that emotional turmoil, it might seem justifiable to lash out by sharing your intimate photos or videos without consent.

These feelings of anger and the desire to strike back are understandable, but acting on them by distributing revenge porn—also known as nonconsensual pornography or NCP—is a criminal offense. If you’re staring down charges that could lead to jail time and a permanent criminal record, this is a wake-up call that cannot be ignored. You need an experienced Tulsa sex crimes defense lawyer who can advise you on your options for mitigating the charges and protecting your future. You need Berlin Defense.

How Oklahoma Defines Revenge Porn

Revenge porn has been illegal in Oklahoma since 2016. It is defined in 21 O.S. § 1040.13b: Nonconsensual Dissemination of Private Sexual Images.

Oklahoma’s revenge porn laws apply to both still images and video recordings. Six conditions must be met for the material to be covered under the statute:

1. The victim did not consent to have the material distributed.
2. The victim had a reasonable expectation of a right to privacy in relation to the creation of the material.
3. The victim is at least 18 years of age. (Photos, videos, or recordings involving minors are covered under Oklahoma’s child pornography laws.)
4. The victim is identifiable either from the material itself or the information displayed with the material.
5. The material contains sexual content. This includes genital, anal, or oral sex as well as material depicting the victim’s exposed genitals, public area, or the female adult nipple.
6. The distribution of the images was intended to harass, intimidate, or coerce the victim.

Potential Criminal Penalties for Distributing Revenge Porn in Oklahoma

Depending on the circumstances, distributing revenge porn can be either a misdemeanor or a felony. If it’s your first offense, it is 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. However, if it’s your second offense, the charge then jumps to a felony with the requirement to register as a sex offender.

You could also face charges for additional crimes. For example, our office sees clients who have been charged with blackmail because they are accused of demanding payment or personal favors to stop the distribution of the material. Blackmail is 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.

If it is within your power to do so, you can be ordered to remove the disseminated material as part of your sentence.

Potential Civil Penalties for Distributing Revenge Porn in Oklahoma

Distributing revenge porn is a criminal offense, but victims can also choose to sue for civil damages. Since 2019, Oklahoma has had no cap on damages in civil lawsuits. If you are sued for intentional infliction of emotional distress, your entire financial future could be at risk.

There is a different standard of proof for civil cases, but there’s no doubt that a conviction on criminal charges related to revenge porn would increase the odds of a successful civil suit. To protect yourself, your best option is to consult an experienced sex crimes defense lawyer as soon as possible.

Possible Defense Strategies

The path forward will not be easy, but hoping these charges will just go away is unrealistic. You must implement an aggressive legal defense to limit the fallout.

As with other types of sex crimes charges, consent often plays a key role in building a defense. Maybe your former partner thought it would be thrilling to distribute the material, then had second thoughts when someone recognized them. The state can’t secure a conviction unless there is a clear lack of consent.

Defenses centered on intent may also apply to your case. For example, it might be possible to argue that the distribution of the materials was accidental. Perhaps the file names were similar, and you accidentally sent the photos or videos to a third party. Or maybe your laptop or phone was accessed without your permission, and a third party distributed the materials without your knowledge.

At Berlin Defense, we defend our clients without judgment—knowing that your freedom and your future are at stake. When you choose our firm to handle your case, you can be assured that we will investigate every possible defense strategy and aggressively work to ensure the best possible outcome. Unlike law firms that handle general criminal defense cases, our practice focuses exclusively on charges related to sex crimes and domestic violence. Our record of success, as seen in our case results and client testimonials, speaks for itself.