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Introduction
In the age of smartphones and ubiquitous internet, sharing intimate images and videos is a common practice among consenting adults. However, when these images are shared without consent, it becomes a grave issue, known as ‘revenge porn’. This post will delve into the laws of Maryland regarding revenge porn, simplifying the complex legal jargon for a more accessible understanding.
What is Revenge Porn?
Before we dig into the legal specifics, it’s important to understand what constitutes ‘revenge porn’. This term broadly refers to the non-consensual distribution of explicit images or videos, usually disseminated by a disgruntled ex-partner. The intent is typically to cause emotional distress, embarrassment, or harm to the person’s reputation. See Md. Criminal Law Code 3-809.
Maryland’s Revenge Porn Law: The Overview
Maryland enacted laws to protect the victims of this harmful act.
In simple terms, the Maryland law makes it illegal to knowingly distribute an intimate image without the consent of the individual depicted. The key elements are ‘knowledge’ and ‘consent’. The distributor must be aware that the individual did not give consent for the distribution, and the intent must be to harm, harass, intimidate, threaten, or coerce the depicted individual.
The law covers not just the initial act of distribution but also any subsequent sharing or promotion of the material.
Who can be Held Liable?
In Maryland, anyone who intentionally and without consent distributes or intends to distribute intimate visual materials can be held liable. This includes people who initially received the material consensually but later distributed it without consent, and anyone else who subsequently shares the material knowing it was distributed without consent.
Penalties for Violating Revenge Porn Laws in Maryland
Revenge porn is a serious crime in Maryland, and it carries severe penalties. Anyone found guilty of this crime may face misdemeanor charges and can be sentenced to up to two years in prison or a fine of up to $5000, or both.
Moreover, victims can also sue the offender in civil court for damages. This includes compensation for any emotional distress or harm to reputation caused by the unauthorized distribution.
Protection for Victims
Victims in Maryland have several legal protections and remedies available to them. They can file a police report, seek a protective order, or file a civil lawsuit against the distributor. Importantly, Maryland’s law applies even if the initial recording or photograph was consensual, or the perpetrator had been a spouse or an intimate partner.
Revenge Porn Attorney in Towson, MD
Maryland’s revenge porn laws were designed with the intention of safeguarding individual privacy rights in the age of digital communication. While it is essential to respect these boundaries, it is equally crucial for those accused to understand their rights and the potential defenses.
Contact our office today to schedule a consultation with an award-winning criminal defense attorney in Towson, MD if you or a loved one have been accused of violating Maryland’s revenge porn laws.
