In Scenarios 2 and 3, the person being observed or photographed did not consent to the photos or video being taken.īut what happens if someone agrees to have sexual images taken of them, but does not consent to sharing them? California’s ‘Revenge Porn’ law In the first scenario above, all parties involved had reached the age of consent and had knowingly agreed to the photos being taken and shared. This could be an invasion of privacy, a violation of PC 647(j)(1). Without her knowledge, Pete surreptitiously cracks the door to the bathroom and films her. Mary is showering in a closed-door bathroom, where she feels she has a reasonable expectation of privacy.
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This could be “unlawful peeking,” a violation of California Penal Code 647(i). He walks onto his neighbor’s property and observes this up close. Walking past his neighbor’s house, Pete catches a glimpse of his neighbor changing clothes. Mary, 23, sends Pete, 25, a suggestive photo attached to a text message to celebrate their anniversary. In some circumstances, this could be considered “unlawful peeking” or an “invasion of privacy” under California law. However, generally speaking, it is illegal to electronically share sexual images of a person, taken without their knowledge or consent. If a sexual or suggestive picture of an adult is shared among consenting adults in the State of California, that is perfectly legal. Sexting among adults is legal in California, if it is consensual If you have been charged with invasion of privacy, revenge porn, child pornography or lewd acts upon a child.Penalties for child pornography and lewd acts with a child in California.Sexting with teenagers is illegal in California.Penalties for invasion of privacy and revenge porn charges.Sexting among adults is legal in California, if it is consensual.