Revenge porn is a crime in Maryland (and also can lead to civil lawsuits where victims can claim substantial sums of money in compensation for being victimized). The crime is commonly called “revenge porn” because it often involves a jilted romantic partner distributing pornographic images and/or video — sexually explicit images and/or video — of the partner as retaliation or revenge for the break up. As many have experienced, relationship breakups can sometimes be brutal and charged with heated passion. Many times, the images and video were made voluntarily. But, however much you want some revenge, it is a crime to publish such images and/or videos even if such were created with consent. The issue of consent involves the distribution of the images/videos, not the creation of them.

If you have been arrested or charged with revenge porn here in Maryland, you will need seasoned and skilled Maryland criminal defense lawyers to help. Contact us here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We are available around the clock, 24/7. We are top-rated and experienced criminal defense lawyers with offices in Waldorf, Maryland. We help clients in communities throughout Southern Maryland

There are a large number of elements to the crime of revenge porn in Maryland. From the standpoint of providing a solid criminal defense, this is “good.” Under Maryland law, revenge porn is defined as:

Knowingly distribute a visual representation of another identifiable person that displays the other person with his or her intimate parts exposed or while engaged in an act of sexual activity:

(1) with the intent to harm, harass, intimidate, threaten, or coerce the other person;

(2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or (ii) with reckless disregard as to whether the person consented to the distribution; and

(3) under circumstances in which the other person had a reasonable expectation that the image would remain private.”

See MD Crim. Code, § 3-809. From this, we can detail the following list of elements and potential defenses:

• Knowing or intentional behavior
• Distribution
• Visual representation of an
• Identifiable person
• Displaying intimate parts or sexual activity
• With intent to harm, etc.
• Where the person displayed did not consent to distribution or where the person charged had reckless disregard for whether the person displayed had consented AND
• The other person had a reasonable expectation that the images would remain private

Potential Maryland criminal defenses

Note that there are two intent elements: intent to distribute and intent to harm. Sometimes, lack of intent can be a basis for a criminal defense. But, the question of intent often depends on the circumstances. Often, images/videos are uploaded or distributed online attached to angry rants and screeds which clearly demonstrate both types of intent. In the absence of such rants and screeds, failure of intent may be a viable defense as can arguments like accident, mistaken action, mistaken belief that distribution was authorized, someone else committed the distribution, etc. Other potential defenses include:

• Person in the images is not identifiable
• Consent to distribution
• No reasonable expectation that images would remain private — for example, the images/videos might already have been shared or distributed

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.