Maurice Washington Faces Charges

Here's an example from my world, just last week.

A freshman at my son's high school, a kid we've known since they played Little League together, pulls his d!(k out in class and absent-mindedly plays with it under the desk. Another kid sees him doing it and films it on his phone. The clip gets sent around the school and everyone knows about it. Presumably to embarrass the kid, who -- let's face it - made the 100% avoidable choice of pulling his d!(k out of his pants in class.

Having spent the morning reading this thread, I informed my son just now that he and his friends have been distributing child porn. 

Huh, he said. 
My word

 
When I was 14 I lost my virginity to a 20 year old.  Now that I'm 32, if I wanted to be a real douche, I could probably still find a way to get her in massive amounts of trouble right?

 
I don't think sending the video back to the person qualifies as "revenge porn" because it is still private. Even if he's charged, the prosecution still has to meet each element of the crime which I don't think they will be able to do. 
This is where I get confused. I always thought revenge porn was posting videos for all to see, like Hulk Hogan's unsuspecting sex tape

 
I don't think sending the video back to the person qualifies as "revenge porn" because it is still private. Even if he's charged, the prosecution still has to meet each element of the crime which I don't think they will be able to do. 

The legal definition of nonconsensual pornography


Under Penal Code 647(j)(4) PC, the legal definition of revenge porn/nonconsensual pornography is as follows:

  1. You have an image of the intimate body part of another identifiable person, or an image of that person engaged in sexual intercourse, sodomy, oral copulation or masturbation;
  2. You intentionally distribute that image;
  3. There was an understanding between you and that person that the image would remain private;
  4. You know or should know that the distribution of the image will cause the person serious emotional distress; and
  5. The person depicted suffers serious emotional distress.5




 
The legal definition of nonconsensual pornography


Under Penal Code 647(j)(4) PC, the legal definition of revenge porn/nonconsensual pornography is as follows:

  1. You have an image of the intimate body part of another identifiable person, or an image of that person engaged in sexual intercourse, sodomy, oral copulation or masturbation;
  2. You intentionally distribute that image;
  3. There was an understanding between you and that person that the image would remain private;
  4. You know or should know that the distribution of the image will cause the person serious emotional distress; and
  5. The person depicted suffers serious emotional distress.5
dis·tri·bu·tion


Dictionary result for distribution


/ˌdistrəˈbyo͞oSH(ə)n/

noun
 




  1. the action of sharing something out among a number of recipients.






 
dis·tri·bu·tion


Dictionary result for distribution


/ˌdistrəˈbyo͞oSH(ə)n/

noun
 




  1. the action of sharing something out among a number of recipients.






The dictionary definition may not be the same as the legal definition in California, and if there is not a precise legal definition, they would have to go by how the courts have defined distribution. 

 
dis·tri·bu·tion


Dictionary result for distribution


/ˌdistrəˈbyo͞oSH(ə)n/

noun
 




  1. the action of sharing something out among a number of recipients.






Based on California's law of the definition of statutory rape, 'm not going to try to figure if they take the Webster's Dictionary version of "distribution" literally

 
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