Revenge porn, which is the distribution of intimate or sexually explicit images or videos of individuals without their consent, is a crime in Maryland. In fact, nearly all of the states now have laws criminalizing nonconsensual pornographic content sharing. This illegal content often gets posted online by ex-partners or hackers aiming to emotionally harm and humiliate the person depicted.
Maryland law specifically addresses this issue under its criminal code. Maryland Criminal Law Code Sec. 3-809 forbids the intentional distribution of visual private representations that expose intimate body parts or show sexual activity when done to harm, harass, intimidate, threaten, or coerce the person depicted. The law was enacted in 2014 to protect individuals’ privacy and prevent the harm caused by the unauthorized sharing of private images.
Revenge porn is a misdemeanor in Maryland.
Criteria for Constituting a Crime
For an act to be considered revenge porn in Maryland, several criteria must be met:
- Nature of the Content: The image or video must be of a private, intimate nature.
- Lack of Consent: The individual depicted in the material did not consent to its distribution.
- Intent to Harm: The distributor intended to cause harm or knew that harm was likely to result from the distribution.
What Prosecutors Must Prove
This law requires prosecutors to prove malicious intent behind sharing the images or videos without consent. To convict someone under Maryland’s revenge porn law, prosecutors must establish the sharing of private visual content was done with the intent to cause serious emotional distress.
While some states only require proving the images were shared without consent, Maryland sets a higher bar by adding the “emotional distress” requirement. This protects those who share explicit media for reasons like profit or underestimating potential harm.
Criminal Penalties for Revenge Porn in Maryland
If convicted, fines or imprisonment or both can be handed down.
Possible penalties include fines up to $5K and 2 years imprisonment for each count.
Civil Remedies for Revenge Porn in Maryland
Victims of revenge porn in Maryland can also take advantage of civil remedies. They can sue for damages, including emotional distress, reputational harm, and economic losses. An Ocean City, Maryland revenge porn attorney can provide more details.
Conclusion
Revenge porn is a serious crime in Maryland. Perpetrators can face criminal penalties as well as lawsuits.
Maronick Law, LLC is open during the pandemic and will continue to meet your Glen Burnie, Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh revenge porn criminal defense attorney needs. If you need an attorney to defend your rights if accused of revenge porn, you should talk to an Ocean City revenge porn lawyer.
If you have access to Zoom, we can meet with you remotely. The consultation is free. You can contact the law office at 410-402-5571 or via the website.