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Reply to "Rachel Leviss is suing Tom Sandoval and Ariana Maddox "
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[quote=Anonymous][quote=Anonymous]California has a very strong "revenge p#rn" laws and attorneys really don't know the outer limits of the law. Precedent cases are being set every year and the law was further strengthened/expanded in 2022. [b]If Ariana was showing other people explicit images/videos of Rachel without Rachel's consent[/b] (even if Rachel consented to Sandoval taking the image!), there is definitely a civil tort at play. Potentially a crime. Explanation of the law: https://www.romanolaw.com/understanding-revenge-porn-and-legal-recourse-in-california/ [quote][i] What Is Revenge Porn? Revenge porn refers to the non-consensual distribution or sharing of intimate or explicit images or videos [b]with the intent to harm, embarrass, or harass the individual depicted[/b]. In California, revenge porn is illegal under both Penal Code Section 647(j)(4) and Civil Code Section 1708.85(a). Generally, both laws illegalize the distribution of sexually explicit images or videos of someone online, without that person’s consent, [b]which causes that person to suffer serious emotional distress[/b]. ... What To Do If I Am Depicted In Revenge Porn? If you are a survivor of revenge porn in California, you have the option to seek criminal and/or civil recourse. Criminal actions involve offenses against the state, with the government acting as the prosecutor, while civil actions pertain to private disputes between individuals or entities, aiming for compensation and resolution through a plaintiff-initiated lawsuit. Criminal action: Under California Penal Code Section 647(j)(4), revenge porn is a misdemeanor crime punishable by a fine, probation, and jail time. Reporting the incident to law enforcement is a crucial step in initiating a criminal investigation. Civil action: From a civil standpoint, revenge porn perpetrators may be sued for violating California Civil Code Section 1708.85(a). The court may order the perpetrator to pay the survivor’s attorneys’ fees and costs under Section 1708.85(e). It is possible to seek legal recourse both criminally and as a civil matter. [b][/quote] Info on the changes in September 2022 to strengthen the law: https://sd22.senate.ca.gov/news/2022-09-30-governor-signs-rubio-bill-expanding-protections-revenge-porn-victims [/quote] We have no idea if she did. Where is the evidence?[/quote]
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