Why Is Revenge Porn a Bad Idea?
The rise in popularity of social media platforms has increased the number of pictures that individuals post and send each other every day. You might think that once someone sends you a picture, you can do whatever you want with it. However, that’s not always the case. Depending on the content of the picture, you could face legal ramifications for sharing an image without permission from the person or people in the photo. We know that the concept of revenge porn may be a bit confusing. In an effort to clear up any confusion, we are going to discuss revenge porn laws in New Mexico, what qualifies as revenge porn, and what penalties might result from getting convicted of this crime.
If you or a loved one is facing charges for distributing revenge porn, contact a sexual crimes attorney right away. Our team at the New Mexico Criminal Law Offices is standing by to help. Reach out today to schedule your free consultation with us.
What Is Revenge Porn?
Merriam-Webster defines revenge porn as “sexually explicit images of a person posted online without that person’s consent especially as a form of revenge or harassment.” However, the term revenge porn also typically refers to sexually explicit images that are shared amongst individuals. In other words, you do not necessarily need to post a photo online for the act to qualify as revenge porn—you could just share it among friends. For example, a teenage girl might share an explicit photo of herself with her boyfriend. Instead of keeping the image private as the girl intended and expected, the boyfriend sends the image to several of his friends. This could qualify as revenge porn.
While revenge porn laws might seem oddly specific, these statutes address a growing public concern. According to a 2016 study by the Data & Society Research Institute, approximately 1 in 25 Americans reported being a victim of revenge porn. Additionally, 1 in 10 young women reported being threatened with revenge porn.
Does New Mexico Enforce Revenge Porn Laws?
In 2015, New Mexico passed NM Stat Sec. 30-37A-1, which is a law prohibiting the unauthorized distribution of sensitive images. This law specifically outlaws distributing, publishing, or otherwise making available sensitive images of a person without that person’s consent, with the intent to:
- Harass, humiliate, or embarrass that person;
- Incite another to harass, humiliate, or intimidate that person;
- Cause that person to reasonably fear for their own safety or the safety of their family;
- Cause that person to suffer unwanted physical contact or injury; or
- Cause that person to suffer substantial emotional distress.
Additionally, the statute requires that the conduct is such that it would cause a reasonable person to suffer substantial emotional distress. Under this statute, it doesn’t matter if the image contains identifying information about the person depicted. Therefore, the fact that you didn’t post the depicted person’s name is not a valid legal defense to this charge.
If you are facing charges in New Mexico for distributing sensitive images, contact the New Mexico Criminal Law Offices as soon as possible.
What Constitutes Revenge Porn in New Mexico?
New Mexico’s revenge porn laws prohibit the sharing of “sensitive images.” According to the statute, sensitive images include images, photographs, videos, or other likenesses that may reasonably be considered private, intimate, or inappropriate for distribution or publication without the featured individual’s consent.
Sensitive images means images depicting or stimulating an intimate act. It also includes material depicting any portion of a person’s genitals or a woman’s breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing.
Revenge Porn Penalties in New Mexico
The first violation of New Mexico’s revenge porn statute constitutes a misdemeanor. New Mexico considers a crime a misdemeanor if a sentence of more than six months but less than one year is authorized. Additionally, misdemeanors can result in a fine of up to $1,000.
A subsequent violation constitutes a fourth-degree felony. A fourth-degree felony carries the potential of up to 18 months in prison. Additionally, the court can impose a fine of up to $5,000.
In addition to criminal penalties, a criminal conviction can affect your life in other ways that we refer to as collateral consequences. For instance, a criminal conviction will appear any time someone runs a background check on you. That can limit your potential employment opportunities and your ability to secure rental housing, among other things.
Potential Defenses to Revenge Porn Charges
In some cases, a legal defense applies that can help you avoid a conviction. A valid legal defense for a revenge porn charge could include:
- Another person shared the image without your knowledge or consent;
- The individual in the image consented to the distribution; or
- The images you shared did not depict an intimate act or anyone’s private areas.
If one of these defenses applies to your case, a qualified criminal charges defense lawyer can help you present that information to the prosecutor. If you present sufficient proof along with your defense, the prosecutor might agree to drop the charges against you.
Facing Charges for Revenge Porn? Contact New Mexico Criminal Law Offices Today
A criminal conviction can have a devastating impact on several areas of your life. When you are facing the possibility of spending time in jail, you can’t trust just anyone to represent you. Our criminal charges defense attorneys at New Mexico Criminal Law Offices understand that no single defense strategy works for everyone. That is why we approach every case on an individual basis, tailoring your defense specifically to the facts of your case. When you hire us, our team will listen to your concerns, conduct a thorough investigation, and present you with what we believe is a winning strategy in your specific situation.
Our lawyers have represented criminal defendants throughout New Mexico for over three decades combined. If you or a loved one are facing charges for revenge porn in New Mexico, call us at 505-375-4765 or fill out our online contact form for a free initial consultation.