Many people associate “revenge porn” cases with former romantic partners, but the allegations can arise in a variety of situations involving text messages, social media posts, emails, and other forms of digital communication. In Washington, sharing an intimate image without consent can result in serious criminal charges, including the possibility of jail time, fines, and a permanent criminal record.

If you are facing allegations involving the unlawful disclosure of intimate images, understanding the law and your legal options is an important first step. These cases often involve disputes about consent, privacy, intent, and digital evidence.

What Is Considered Revenge Porn Under Washington Law?

Washington law prohibits the unlawful disclosure of intimate images, often referred to as revenge porn. Generally, the law applies when someone intentionally shares a private intimate image without the depicted person’s consent under circumstances where that person reasonably expected the image would remain private.

Although the offense is commonly called “revenge porn,” prosecutors generally do not have to prove the disclosure was motivated by revenge or a desire to harass the depicted person. The focus is on whether the image was shared without consent and under circumstances protected by the statute.

Can You Face Other Criminal Charges?

In some cases, prosecutors may pursue additional charges alongside unlawful disclosure of an intimate image.

Potential related offenses include:

  • Cyberstalking
  • Harassment
  • Stalking
  • Violation of a court order
  • Extortion or blackmail-related offenses in more serious situations

The specific charges depend on the facts of the case and the conduct prosecutors believe occurred.

What Must Prosecutors Prove?

Every criminal charge requires proof beyond a reasonable doubt. In unlawful disclosure of intimate image cases, prosecutors generally must establish that:

  • The defendant intentionally disclosed an intimate image of another person
  • The image depicted an identifiable person
  • The depicted person had a reasonable expectation that the image would remain private
  • The defendant knew or reasonably should have known that the depicted person did not consent to the disclosure
  • The defendant knew or reasonably should have known that the disclosure would cause harm to the depicted person

The prosecution must present sufficient evidence to prove each required element. If the state cannot meet its burden, the charge may not result in a conviction.

How Are These Cases Commonly Investigated?

Many revenge porn investigations begin after a complaint from the person depicted in the image. Law enforcement may then seek evidence from various digital sources.

Investigators often review:

  • Text messages and emails
  • Social media accounts
  • Cloud storage and website postings
  • Phones, tablets, and computers

Digital evidence is not always as straightforward as it appears. Questions may arise regarding who controlled an account, who uploaded a file, and whether investigators lawfully obtained the evidence.

What Defenses May Apply to a Revenge Porn Charge?

The available defense strategy depends on the facts of the case and the evidence involved.

Potential defenses may include:

  • Consent: The prosecution must prove that the image was disclosed without the depicted person’s consent. Evidence showing permission or authorization may undermine the state’s case.
  • Mistaken Identity: Investigators may assume a particular person posted or shared an image when someone else actually had access to the account, device, or platform involved.
  • Lack of Intent: The defense may argue that the defendant did not intentionally disclose the image or was not responsible for how it was shared.
  • No Reasonable Expectation of Privacy: The defense may challenge whether the image was truly private under the circumstances required by Washington law.
  • The Image Does Not Meet the Statutory Definition: Not every photograph or video qualifies as an intimate image under the statute.
  • Constitutional Violations: If law enforcement obtained evidence through an unlawful search, seizure, or interrogation, the defense may seek to suppress that evidence.

What Should You Do If You Are Under Investigation?

If you learn that law enforcement is investigating you, avoid discussing the allegations with investigators, the alleged victim, or anyone else before speaking with an attorney. Text messages, social media posts, emails, and verbal statements can all become evidence in a criminal case.

It is also important to preserve potentially relevant evidence, including communications, account information, and electronic devices. Taking steps to delete messages, posts, or files after learning about an investigation can create additional legal complications.

Protect Your Future Before Making a Statement

Revenge porn allegations can affect your reputation, career, and personal relationships long before a case reaches court. Being investigated or charged does not mean you will be convicted, and many cases involve disputed facts, questions about digital evidence, and legal issues that require careful analysis.

If you are facing allegations involving the unlawful disclosure of intimate images in Washington, Jennifer Horwitz Law offers one-hour paid consultations to review the facts of your case, explain the charges you may be facing, and discuss possible defense strategies. The sooner you understand your legal position, the better prepared you will be to make informed decisions about your case.