Revenge Porn Laws in Arizona

Posted on June 2, 2021 in Sex Crimes

Revenge porn refers to disclosing, publishing or showing others intimate photographs or videos of someone else without that person’s consent or authorization. This crime earned the name revenge porn from the common scenario of an ex-lover disclosing sexually explicit images of an ex for revenge. In Arizona, revenge porn is a felony crime. Threatening revenge porn or using it as blackmail is a misdemeanor.

What Is Revenge Porn?

Arizona Revised Statute Section 13-1425 is the state’s revenge porn law. It states that it is against the law for a person to intentionally disclose an image or video of another person where the victim is identifiable and the following four elements are true:

1. The person is shown in a state of nudity or engaging in certain sexual activities.
2. The person had a reasonable expectation of privacy.
3. The image was disclosed without the person’s consent or authorization.
4. The image was disclosed with the intent to harm, threaten, intimidate, harass or coerce the person.

Note that a victim sending an image to the perpetrator using an electronic device does not remove the victim’s reasonable expectation of privacy. Note also that Arizona’s revenge porn law does not apply to voluntary intimate exposure in a public or commercial setting. Examples of revenge porn are sending a nude photo of an ex-girlfriend to all of your friends, posting a private sex tape to the internet, and capturing explicit images of someone and using the threat of revenge porn as blackmail.

What Must Be Proven in a Revenge Porn Case?

If you are accused of the crime of revenge porn in Arizona, the prosecutor has the burden of proof to establish that you committed the crime in question beyond a reasonable doubt. This requires evidence that you disclosed explicit images or videos of the victim without that person’s consent and that you did it with the intent to harm the victim.

What Is the Statute of Limitations?

A statute of limitations is a law that places a deadline on the prosecutor’s right to bring criminal charges against a defendant in Arizona. If the prosecutor does not enter charges within the statute of limitations, the state generally loses the right to hold a suspect accountable for the crime in question. In Arizona, the statute of limitations on a revenge porn crime is typically seven years – the same deadline that applies to all felony sex crime cases in the state. The statute of limitations may drop to one year, however, for a misdemeanor revenge porn crime.

What Are the Penalties for Revenge Porn in Arizona?

Breaking Arizona’s revenge porn law is a class 5 felony. It is increased to a class 4 felony if the image is disclosed by electronic means, such as a computer, tablet or cell phone. If the perpetrator threatens revenge porn but does not go through with the threat, it is a class 1 misdemeanor. The penalties for committing a revenge porn crime in Arizona include a permanent criminal record, probation, mandatory community service, up to $150,000 in fines and up to 3.75 years in prison. The penalties change according to the severity of the crime, the defendant’s criminal history and other factors.

When Should You Hire a Private Defense Attorney?

If you are accused of revenge porn or the threat of revenge porn in Arizona, contact a defense lawyer right away. A Phoenix sex crimes attorney can create a strategy in your defense, such as arguing that you did not intentionally disclose the explicit images or that you had the alleged victim’s consent. Your lawyer can negotiate for the best possible outcome for your criminal case, such as case dismissal, acquittal, or reduced charges and penalties.

Arizona law treats the crime of revenge porn and related crimes, such as voyeurism, extortion and surreptitious recording, very seriously. Hiring a defense attorney is the best way to fight this type of criminal charge.