Arizona is one of many states that have passed “revenge porn” laws in light of technology being used more often to spread explicit images of others without their permission. If you are convicted of breaking this law, codified in Arizona Revised Statute (A.R.S.) § 13-1425 as the “Unlawful Disclosure of Explicit Images,” you could face serious consequences.
About A.R.S. § 13-1425
A.R.S. § 13-1425 prohibits an individual from disclosing certain images of another person without that person’s consent. It specifically makes it illegal to intentionally disclose or distribute an image of someone else if all of the following apply:
- The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
- The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
- The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.
The individual depicted must be identifiable from the image itself or information displayed in connection with the image for someone to be convicted of this crime. Note that this law does not apply to images where the subject engaged in voluntary exposure in a public or commercial setting.
What Are the Penalties for a Conviction Under A.R.S. § 13-1425?
A.R.S. § 13-1425 is known as the state’s “revenge porn” law because it is often applied in cases where an individual knowingly shares explicit images of an ex as a form of revenge against that person.
Arizona takes these crimes seriously. A violation of this law is a class 5 felony, enhanced to class 4 if the image is disclosed by electronic means. This crime is punishable with up to 2.5 years in a state prison and a fine of up to $150,000. Even threatening this offense is a class 1 misdemeanor.
What to Do if You Are Arrested for Unlawful Disclosure of Explicit Images
If you get arrested or accused of this crime in Arizona, try to remain calm. Protect your rights by limiting what you say to law enforcement officers during your arrest and any police interviews. Use your right to remain silent to avoid accidentally incriminating yourself. Cooperate with arrest procedures without discussing your situation, and ask for an attorney as soon as possible.
How Can a Criminal Defense Attorney Help?
Being convicted or even accused of unlawful disclosure of explicit images could put your future at risk. Contacting an experienced sex crimes defense lawyer in Phoenix as soon as possible is the most effective way to protect your legal rights in this situation.
An attorney will custom-tailor your defense strategy to put you in the best possible position to avoid a conviction, have the charges against you reduced or diminish the penalties you face. Possible defense options include:
- You had no intent to commit the crime or disclose an explicit image of another person.
- You were given permission to disclose the image by the subject portrayed.
- Elements of the crime are missing, such as no identifiable image subject.
- The prosecution has insufficient evidence to meet its burden of proof.
- You are exempt from prosecution under the law (e.g., you were reporting unlawful conduct).
Every case is unique. It is critical to discuss your particular circumstances with an attorney near you without delay if you get arrested for “revenge porn” or an alleged violation of A.R.S. § 13-1425. For a free, entirely confidential case to review with a knowledgeable criminal defense lawyer, contact Snader Law Group 24/7.