Revenge Pornography has been on the rise in the last few years. Luckily victims are currently able to fight back against posters.
The U.S federal government recently passed 15 USC 6851 in the Violence Against Women Reauthorization Act of 2022, which permits victims to file civil suits against an individual that distributed their intimate pictures without authorization. You can still file a civil suit if you sent out the photos to someone with consent, but they decide to distribute the images without your permission. You might receive $150,000 of actual or liquidated damages along with the price of action, attorney's costs, and other litigation expenses.
Having your intimate images or videos unwillingly posted online can lead to emotional distress, feeling of unpredictability, and susceptibility. Aubrey Givens and Associates want to help you find alleviation by overcoming the litigation procedure with you as well as help take those pictures down.
If you are a victim of revenge porn, contact Aubrey Givens & Associates today.
What Counts as Revenge Porn?
Revenge pornography is the non consensual distribution of intimate content of a person online or otherwise. The material can be video clips or images that reveal an intimate visual depiction of a person. There are some misunderstandings concerning exactly what can be taken into consideration as revenge pornography, so we have actually supplied some examples. The following are all considered revenge porn:
- You willingly send out intimate pictures to a guy with the belief that those photos would be kept private between the two of you, yet he uploads them online.
- You save intimate images on your phone and a person hacks into it. The hacker then begins to disperse those images and endangers you.
- You were compelled or forced into making an adult film and it has gone viral on numerous pornography sites.
Someone publishing your exclusive pictures on social media or in different online forums can be a frightening experience. If you determine you would like to take lawful action, you can choose either civil or criminal law.
Can You Sue For Revenge Porn in Tennessee?
While Tennessee presently does not have civil law relating to vengeance porn, you can sue through deliberate infliction of emotional distress and privacy torts. Deliberate infliction of emotional distress and privacy torts will allow you to gather damages from a civil claim or settlement. An attorney can be very helpful in this process.
If you decide to progress with a civil case, it is essential to recognize that you may not be able to file a claim against the system the videos or d images were published on. Internet sites that are generally used to disperse revenge pornography are user-uploaded material based and are shielded under Section 230 of the Communications Decency Act. Taking legal action against the internet site will likely have your case thrown out in court, so you should go after the wrongdoer. Remember, the federal law discussed above is in addition to Tennessee law.
Criminal Laws Against Revenge Porn in Tennessee
Tennessee does have criminal laws to protect sufferers of revenge pornography. Being found guilty of dispersing revenge pornography will certainly count as a violation, resulting in as much as eleven months and 29 days of jail time as well as a penalty of approximately $2,500. The dispersed material will be considered the aggravated sexual exploitation of a minor if you were under the age of 18 when the web content was made. Aggravated sexual exploitation of a minor is a Class D felony and is punishable by between 2 to 12 years of prison time.
Contact Our Firm Today To Discuss Your Case
Combating revenge pornography posters can be daunting, however, with Aubrey Givens and Associates' experience and knowledge, your pictures can come down and lawsuits can begin. Aubrey Givens and partners will be with you every step of the way, from dealing with DMCAs and social network firms to the courtroom.
If you are a target of Revenge Pornography, it is time to contact the experience as well as expertise of Aubrey Givens and Associates. Give us a call at 615-248-8600 or contact us online.
Revenge Porn FAQs
Is Revenge Porn a Crime?
Yes, under Tennessee law, revenge porn is a crime. It is illegal to knowingly share or distribute explicit images or videos of someone without their consent, intending to harm or harass the individual.
How To Report Revenge Porn?
To report revenge porn in Tennessee, contact local law enforcement or file a complaint with the district attorney's office. You can also report the content to the hosting platform or social media site for removal.
Is Revenge Porn a Felony?
Yes, revenge porn is considered a felony in Tennessee. Depending on the circumstances, offenders can face Class D felony charges, which may result in prison time and fines.
Is Revenge Porn a Federal Crime?
While revenge porn is not explicitly defined as a federal crime, there are federal laws that can be applied in certain cases. For example, the Cybersecurity and Infrastructure Security Agency Act (CISA) and laws such as the Communications Decency Act (CDA) can come into play when content is shared online without consent. Additionally, Section 230 of the CDA protects platforms from liability for content uploaded by users, but not the individuals who post it.
However, most revenge porn cases are prosecuted under state laws, and many states have enacted specific legislation to address nonconsensual pornography
When Did Revenge Porn Become Illegal in Tennessee?
Tennessee enacted a specific Unlawful Exposure law addressing revenge porn, which became effective on July 1, 2016. Prior to this, certain acts could be prosecuted under existing unlawful photography statutes.
Is Watching Revenge Porn Illegal?
Watching revenge porn itself is not explicitly illegal in Tennessee unless it involves the possession or distribution of such material, which may violate other laws like child pornography statutes if minors are involved.
How Much Can You Sue For Revenge Porn?
Victims of revenge porn in Tennessee may sue for damages, including emotional distress, reputational harm, and punitive damages. The amount can vary widely depending on the impact of the case.
What is Deepfake Revenge Porn?
Deepfake revenge porn involves the use of artificial intelligence to digitally create explicit images or videos that falsely depict someone. This is also a crime in Tennessee and falls under laws addressing non-consensual image distribution and harassment.