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.
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.
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.
Civil Law 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. We recommend you get an attorney.
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 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.
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.
