Revenge porn is illegal in California, which means Rob Kardashian could face jail time and fines for posting illicit pictures of his ex Blac Chyna on Twitter early Wednesday.
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Revenge porn is illegal in California — here's what could happen to Rob Kardashian for tweeting explicit photos of his ex
Revenge porn is illegal in California. Here's how Blac Chyna can pursue charges against Rob Kardashian for posting explicit photos of her on Twitter.
The reality-TV star prompted widespread outrage Wednesday after he tweeted several sexually explicit pictures of Chyna, the model with whom he has a 7-month-old child.
Digital-harassment laws are relatively new. Thirty-eight states and Washington, DC, have something on the books to charge people who use social media to spread sexually explicit photos or videos without the consent of the person featured.
In California, where Kardashian lives, he could face a variety of legal consequences as a result of his actions, including a restraining order that could cause him to lose custody of his daughter.
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Business Insider spoke with two lawyers about what legal actions are available to Chyna as well as other victims of digital harassment in California. Here's the deal:
Criminal Court
Under California Penal Code 647(j)(4), Chyna can file a police report, but charges would have to be brought by the state. It is up to the police department to recommend the case to the district attorney, who then decides whether the state pursues criminal charges using taxpayer money.
Under this law, it is illegal to distribute sexual images or videos of someone without his or her consent, so long as it is intended to cause serious emotional distress and so long as the person depicted experiences distress.
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Civil court
Another option is for Chyna to take Kardashian to civil court. She could sue him under California civil code
Family court
Perhaps Chyna's best option is to pursue charges under the family code, according to Johnstone. Since Chyna and Kardashian had a previous relationship, revenge porn would be considered "abuse" under California's Domestic Violence Prevention Act Family Code
Under this statute, Chyna could file for a restraining order, and Kardashian could lose a future custody battle over their daughter, Dream.
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When such charges are filed, a judge issues a same-day restraining order and a hearing is scheduled for three weeks out to figure out a longer-term solution.
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