Philadelphia Student Revenge Porn Defense Attorney
Revenge porn defined by Pennsylvania as an unlawful dissemination of an intimate image. The revenge porn law in Pennsylvania is listed under Section 3131. The law prohibits a person from sending out a visual depiction of their current or formal sexual partner in a state of nudity or engaged in sexual conduct with the intent to harass, annoy, or alarm that person. Educational institutions may have their own rules about this specific topic beyond just the Pennsylvania law. This is because when it happens on-campus colleges, the victims and alleged victims may hold the school responsible and ask what did they do to prevent this behavior.
Immediately after an accusation, it is best to seek help from a seasoned Philadelphia student revenge porn defense attorney. An experienced student defense attorney could help defend a student accused of producing or distributing revenge porn at a school hearing or in a criminal courtroom. When this charge comes up for a student, there are two goals that a student defense attorney could help with. They could help defend against the school bringing their own disciplinary action, and defend against any secondary criminal prosecution that could happen if the state prosecutors pick up the case to further prosecute.
Penalties for Revenge Porn
There are many penalties a student could face is convicted on revenge porn. If the alleged victim is a minor, the charge is graded as a first-degree misdemeanor and sentenced to five years possible and a fine of $10,000. Over the age of 18, it is graded as a second-degree misdemeanor that carries a maximum of two years in jail and a fine of $5,000. This is a law that was passed to try and prevent the problem of posting intimate images.
It is best to retain the services of a knowledgeable Philadelphia student revenge porn defense attorney as soon as possible to begin building a case.
Common Types of Evidence
Often, during revenge porn cases, there is electronic evidence, like the video or audio itself, information about where it was found, and information about who posted it. This is all a chain of electronic evidence that could be presented to prove who posted the revenge porn and who was the one actually using the computer at that time.
Additionally, the evidence used in a case includes:
- Statements by the alleged victim that they did not give their consent
- Admissions of guilty by the student who is accused, including any admissions that they have knowledge of this video
- Statements by other witnesses who may have seen or discovered the revenge porn
A tenacious student defense lawyer could review the evidence and determine whether it may be admissible in court.
Let a Student Revenge Porn Defense Attorney Help
It is so important for individuals accused of producing or distributing revenge porn to speak to a student defense lawyer right away. The disciplinary actions and criminal cases usually begin with an investigation into the source of the video. The police could be wrong in determining the source of the image or video or finding out the true source and where it originated from if it was uploaded in public or in public sites. If someone is confronted by a school institution or the police and makes statements against their own 5th amendment interests without first contacting a lawyer, there could be devastating consequences. Let a skilled defense attorney help.
Call today to schedule a consultation to learn how a Philadelphia student revenge porn defense attorney could help your case.