Understanding the Changes in Revenge Porn Legislation
Revenge porn crime just got easier to prove with a longer potential sentence in Oklahoma. I’m Tulsa criminal attorney James Wirth, and that is the issue that we have today. It has to do with a new bill that went into effect on November 1st. It is House Bill 3639 and it became effective November 1st, 2024.
The law pertains to revenge porn, or as it’s called in the statute, the non-consensual dissemination of private sexual images. Originally, this was made a crime in the state of Oklahoma with the possibility of a misdemeanor conviction, carrying up to a year in prison or in the county jail. Several elements need to be proven for a conviction.
Key Elements Removed for Easier Prosecution
Based on the new bill, the number of elements that need to be proven has been reduced, making prosecution easier. For instance, it used to require that the person be above 18 years of age or older, a requirement that has been removed. The reasoning is that if the person was under 18, child pornography statutes would apply, which have much more severe penalties.
Additionally, the requirement that the person be identifiable from the image has been removed. Previously, it was thought that if nobody could identify the victim, then no harm was done. Now, identity is no longer a factor; you don’t need to prove who it is for a crime to be charged. Lastly, the intent to harass requirement has been eliminated. Under the new bill, simply disseminating the image suffices for prosecution.
Changes in Consent and Sentencing
Changes also occurred in the area of consent. Previously, the standard was that the disseminator knew or should have known that the person in the image had not consented. The new law simplifies this by stating that dissemination without effective consent is enough for a charge.
Beyond proving the offense, sentencing has also been altered. Disseminating an image was previously a misdemeanor. This remains the same in most cases, but if the act is for financial gain, the potential imprisonment has increased from four to five years. Moreover, disseminating three or more images within six months can now lead to a felony charge, carrying up to 10 years in prison.
Consultation for Those Affected by HB 3639
So, if you are dealing with a situation like this, either as the accused or the victim, it is crucial to consult with an attorney about your rights. To schedule an appointment with an attorney at my office, please visit MakeLawEasy.com or call 918-879-1681.
