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Published on 9/30/2024, 10:23:00 AM

Understanding Maryland's Revenge Porn Laws and Defense Options

Revenge porn, or the act of distributing intimate images of someone without their consent, is a serious criminal offense in Maryland. This crime is governed by Maryland Criminal Law Section 3-809, which makes it illegal to distribute or share private visual representations of someone if done with the intent to harm, harass, or embarrass. If you're facing charges under this law, understanding your rights and defense options is critical.

What Is Revenge Porn in Maryland?

Under Maryland law, revenge porn refers to the intentional distribution of private, intimate images or videos of another person without their consent. The key elements of this offense include:

  • Intent to Harm or Harass: The perpetrator must have distributed the images with the purpose of causing harm or distress to the victim.
  • Expectation of Privacy: The victim must have had a reasonable expectation that the images or videos would remain private.
  • Non-Consensual Distribution: The distribution or sharing of the intimate material was done without the consent of the person depicted.

Revenge porn laws in Maryland were enacted to combat the rise of individuals maliciously sharing intimate images after relationships end or as a form of harassment.

Penalties for Revenge Porn in Maryland

The penalties for revenge porn in Maryland are severe. If convicted, you could face:

  • Imprisonment: Up to 2 years in jail for a first offense.
  • Fines: Fines of up to $5,000.
  • Permanent Criminal Record: A conviction for revenge porn will result in a permanent criminal record, which can impact future employment, housing, and educational opportunities.

For repeat offenders, or in cases where the distribution led to significant harm to the victim, the penalties can be even harsher.

Common Defenses to Revenge Porn Charges

While the consequences of a conviction are serious, there are several defenses that can be raised if you've been accused of revenge porn or another sex crime:

  • Lack of Intent: If there was no intent to cause harm or distress to the victim, you may have a valid defense. For instance, if the images were shared without malice or as part of a misunderstanding, the prosecution may have difficulty proving intent.
  • Consent: If the victim consented to the sharing of the images, this could be a strong defense. Consent may be explicit or implied depending on the circumstances.
  • Lack of Privacy Expectation: In some cases, the individual depicted may not have had a reasonable expectation of privacy, which can weaken the prosecution's case.
  • False Accusations: Revenge porn cases sometimes arise out of spite, especially in contentious relationship breakups. A thorough investigation may reveal that the accusations are false or exaggerated.

Why You Need an Experienced Defense Attorney

Revenge porn cases are complex and emotionally charged. If you've been accused of this crime, you need an experienced attorney who understands Maryland's revenge porn laws and can help you build a strong defense. At FrizWoods, our criminal defense attorneys will work to:

  • Investigate the circumstances of your case.
  • Challenge any evidence that was obtained improperly.
  • Negotiate with prosecutors to potentially reduce the charges or penalties.
  • Advocate for your rights in court, fighting for a dismissal or acquittal if necessary.

Contact FrizWoods for a Free Consultation

If you are facing revenge porn charges in Maryland, don't wait to get legal help. The stakes are high, and having the right defense strategy can make all the difference in the outcome of your case. Contact FrizWoods today for a free consultation to discuss your case and learn how we can defend your rights.