A bill was approved by the Utah state legislature that would make changes to the Sexual Exploitation Act of the Utah Criminal Code; those changes would add a part under the heading of “Distribution of Personal Images,” but is more easily identified as making revenge porn a third degree felony.
What is Revenge Porn?
A person may be guilty of committing revenge porn if he or she knowingly or intentionally distributes to a third party any intimate image of someone who is 18 years old or older under the following circumstances:
* they know that the person in the image hasn’t given their permission to distribute the image
* the image was created or provided during a situation where there was an expectation of privacy
If House Bill 71 passes and makes revenge porn a crime, it could end up being a third degree felony. This level of crime carries the potential penalty of up to five years in jail or prison.
Utah isn’t the only state to try and outlaw revenge porn. Other states like Illinois, Pennsylvania and Arizona have also jumped on the revenge porn bandwagon. Revenge porn frequently refers to sexually explicit pictures or images that an ex-lover might have and distribute to others.
Should it be a Crime?
There is the concern among some people that making revenge porn a crime could be considered in opposition to the First Amendment. The ACLU has stated that the type of material in question shouldn’t be against the law if it’s not child pornography or stalking.
Whether or not you believe the idea that revenge porn is a crime is certainly a personal decision. However, if you have questions about any crime, regardless of the type of crime, don’t hesitate to contact a top Utah criminal defense attorney. You needn’t wait until you’re sitting in prison to get the legal help you deserve.