By Rebecca Wade
What is revenge porn?
Distributing sexually explicit photos or videos of a person without their consent in order to embarrass them, also known as revenge porn, can have serious legal ramifications. On this week’s FAQ Friday, criminal defense attorney Rebecca Wade discusses the potential consequences, that may make you think twice the next time you go to hit ‘send’.
What are the penalties for revenge porn?
“In Virginia, a revenge porn conviction is considered a Class 1 Misdemeanor which can result in a sentence of up to 12 months in jail and a fine of up to $2,500,” says Wade. “It’s on par with other misdemeanors such as driving under the influence, assault and battery, and shoplifting.”
Can revenge porn charges impact other legal cases I am involved in?
Revenge porn charges can also impact an ongoing civil case. “Revenge porn can come up in a divorce context where a couple is fighting over asset division, spousal support, or child custody. In those instances, the courts can consider allegations of revenge porn and hold them against you in a civil case.”
When to contact an attorney
If you are charged with revenge porn, it’s critical to consult a skilled attorney, as convictions in Virginia – including misdemeanor convictions – cannot be expunged. “If you are looking to apply for a job that requires a background check or are seeking security clearance, a revenge porn conviction will be on your record for the rest of your life,” Wade explains.
About the Author
Rebecca Janet Wade
Rebecca Wade is a partner at Wade Grimes Friedman Meinken & Leischner PLLC, practicing in all areas of family law and criminal law having experience with protective orders, divorce, child custody and visitation, child protective services investigations, juvenile delinquency, and criminal charges.
Wade has been named a 2023 Best Lawyer in America by U.S. News & World Report, a 2023 Super Lawyer in Northern Virginia and Washington D.C., and a 2020-2021 Top Lawyer by Northern Virginia Magazine.
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