In this age of smartphones and the internet, it’s common for consenting adults to share intimate videos and images. Approximately 10.4 million Americans have been a victim of revenge porn. With the advances in technology and the increase in social media usage, someone can upload an image or video intended to stay private with the touch of a button. Many states, including Maryland, have set laws in place to help protect victims of revenge porn.
With the firm stance Maryland has taken against non-consensual pornography, it’s essential to understand the laws and the consequences of breaking them. This article will discuss what you need to know about Maryland’s revenge porn laws.
An Overview of Maryland Revenge Porn Laws
Maryland law (Md. Criminal Law Code 3-809) makes it illegal to knowingly distribute any visual content that shows sexual activity or exposes intimate body parts when it’s done to threaten, intimidate, harm, harass, or coerce the person in the content.
Any person who distributes intimate visual materials without consent can be held liable for revenge porn. This includes people who received the images consensually but then distributed it later without consent. Those who received and shared the material, knowing it was initially shared without permission, can also be held liable.
To be considered revenge porn, the following criteria must be met.
- Nature of the Content — Was the image or video private and of an intimate nature?
- Lack of Consent — Did the person in the video or image consent to distribution?
- Intent to Harm — The accused intended to cause harm or knew that harm would come from distributing the content.
Consequences of Violating Maryland Revenge Porn Laws
Revenge porn is a misdemeanor in Maryland. If you’ve been found guilty of owning, developing, or releasing revenge porn, you can face a fine of up to $5,000 and up to two years in jail.
You could face additional penalties if you are found guilty of other related offenses or if the victim was a minor when the images were taken. Maryland law recognizes people under sixteen years old as minors.
Victim Protection
Revenge porn isn’t a victimless crime. The person shown in these types of materials can be viewed negatively by family, friends, and coworkers. They can suffer the repercussions even if they didn’t agree to participate in the materials and if the offender is found guilty of the crime. And it can take months, even years, for victims to rebuild respect and trust within their social circles.
There are various legal protections available to victims. Victims can file a police report, a restraining order, or a civil lawsuit against the perpetrator. Should the victim decide to file a lawsuit, the most common civil claim is IIED (intentional infliction of emotional distress).
What to Do if You’re Facing Revenge Porn Charges
If you’re facing revenge porn charges, you have the right to defend yourself. You can represent yourself or hire an experienced criminal defense attorney.
The prosecution must prove that malicious intent was behind sharing the content. To get a conviction, they must establish that the sharing of the private content was done with the intent to cause serious emotional distress.
Some states only require proving the content was shared without consent, but Maryland adds the “emotional distress” requirement. This protects people who underestimate the potential harm in sharing the content or sharing explicit media for things like profit.
Turn to Jeremy Widder Law if You’re Facing Revenge Porn Charges
Maryland views revenge porn as a serious crime. If convicted, offenders can face criminal penalties and lawsuits against their victims. If you have revenge porn accusations against you, seeking the assistance of a qualified criminal defense attorney is essential.
Jeremy Widder Law is here to help if you or a loved one has been charged with violating revenge porn laws. Our team is committed to walking with you throughout the legal process and will give your case the attention it deserves. We have represented hundreds of clients charged with various offenses and are ready to provide you with the quality legal representation you deserve.
Contact us today for a consultation.
