Under 18 Pa. C.S. § 3131, it is illegal in the commonwealth of Pennsylvania to use the internet to share sexually explicit images of another person without their consent. The formal name for this law is “unlawful dissemination of intimate image.” You may sometimes see it referred to as “revenge porn.”
To better understand your defense options if you are facing such a charge, let our Pennsylvania cybercrime lawyer provide a more detailed overview of 18 Pa. C.S. § 3131. We can also come up with a personalized strategy for fighting the charges.
Pennsylvania’s Revenge Porn Laws Are Evolving Along With Emerging Technology
18 Pa. C.S. § 3131 includes two distinct but related crimes:
- Sharing explicit images of your partner or ex-partner without their permission
- Sharing explicit, “artificially generated” images of any person without their permission
This second part of the law is a response to the development of computer programs, artificial intelligence (AI), and other technologies capable of creating or altering images of real people. It indicates that Pennsylvania law enforcement is actively monitoring the changing digital landscape and taking additional steps to protect people from those with bad intentions.
As important as these laws are, misunderstandings can still happen, and innocent people can face charges and penalties they do not deserve.
What Are “Intimate Images?”
For the purposes of this law, “intimate” means that the subject of the image is “in a state of nudity or engaged in sexual conduct.” Common examples include photos taken of two partners having intercourse and images created or altered with AI to make the subject appear undressed.
Who Does 18 Pa. C.S. § 3131 Apply To?
The law states that only one of the people involved (either “the victim or the offender”) has to be located in the commonwealth for the law to apply. So if the alleged victim lives in Pennsylvania and you do not, or if you live in Pennsylvania but the alleged victim does not, you can still be charged under 18 Pa. C.S. § 3131.
What Are the Penalties for Unlawful Dissemination of Intimate Images?
Charges under 18 Pa. C.S. § 3131 are graded as either a first- or second-degree misdemeanor, depending on if the subject in the image is a minor.
Either way, if convicted, you could end up paying thousands in fines and spending years in prison. If you face other charges in addition to unlawful dissemination—for example, online harassment or child pornography charges—you could be given more disruptive penalties and suffer an even greater blow to your reputation.
Misdemeanors are among the “less serious” types of crimes under Pennsylvania law, but the charge will not simply “go away” over time. You must be proactive about defending yourself if you want to avoid onerous fines, damage to your reputation, and time behind bars.
Possible Defenses Against Unlawful Dissemination Charges
18 Pa. C.S. § 3131 states that a person only commits a crime if they disseminate the image without the subject’s consent. If the person in the image told you it was okay to share the image with others, you have not committed a crime.
Even if the person later regretted or withdrew their permission, you cannot be charged with unlawfully disseminating the image if you did so before they told you to stop.
Other possible defenses include arguing that:
- There was a misunderstanding: You had a valid reason to believe the subject gave you permission to share the images.
- You did not disseminate the images: Someone else, who may or may not have had permission to possess the images, leaked them online.
- The images are not intimate: People may interpret words like “nudity,” “explicit,” and “intimate” in ways that do not necessarily match the legal definitions.
- The case against you was built illegally: The prosecution did not follow the necessary steps or obtain appropriate warrants before searching your home or property.
Being charged under 18 Pa. C.S. § 3131 can be scary, but there are ways to defend yourself. Our law firm can investigate your situation and figure out which defense strategy might work best for you.
What to Do if You Are Arrested and Charged Under 18 Pa. C.S. § 3131
If you are arrested, the most important thing you can do for yourself is to get legal representation immediately. Do not answer investigators’ questions. Do not attempt to explain yourself. Say only that you are exercising your right to remain silent and your right to counsel.
Once your lawyer arrives, now is the time to tell us everything you know about the situation.
How Your Cybercrime Attorney Can Fight for Your Future
Based on the specifics of your case and the defense strategies that are open to us, we might try to:
- Get the charges dismissed so that you can go home right away
- Get the charges reduced so that, even if you are convicted, the penalties you face will not be as disruptive
- Negotiate a plea deal so you can plead guilty to lesser charges and avoid both a lengthy trial and the worst of the penalties associated with 18 Pa. C.S. § 3131
If your case does go to trial, we will represent you in the courtroom. Your attorney will make sure that the judge and the prosecution respect your rights, and that the jury has the chance to hear your side of the story.
Protect Yourself Against Unlawful Dissemination Charges
Since 2010, McKenzie Law Firm, P.C., has been defending the rights of people throughout Pennsylvania. You deserve fair treatment under the law, especially when charged with a crime as highly stigmatized as the ones listed under 18 Pa. C.S. § 3131. Call today for a free consultation with our team.
