First Conviction Under California’s Revenge Porn Law

By Dustin M Braden - 02 Dec '14 12:23PM

Iniguez, a Los Angeles resident, has been convicted and sentenced to one year in jail for violating the state's new law that came into effect in October 2013.

Iniguez had a bitter breakup with his girlfriend and shortly after the separation he started sending harassing text messages to her, according to The Guardian. The ex-girlfriend, whose identity wasn't disclosed to the media, secured a restraining order against Iniguez in November 2011.

Citing the city attorney's office, The Guardian says that in December 2013 Iniguez began using an account with an alias and started posting insulting comments about his ex-girlfriend on her employer's Facebook page. In March 2014, he posted a topless photo of her, asking her company to fire her.

Iniguez was charged with three criminal counts. Two of the counts were restraining order violations and the third one was the violation of the state's recently created revenge porn law. The Guardian says court also ordered Iniguez to stay away from the victim and attend compulsory domestic violence counseling.

Under California' revenge porn law, posting photos in which the individual can be easily identified, with the goal of causing emotional trauma, is illegal. In other words, the law is designed to protect individuals from their former partners who intend to hurt them emotionally by posting their private photos online as an act of revenge after breakups.

Mike Feuer, the city's attorney released a statement that read in part, "This conviction sends a strong message that this type of malicious behavior will not be tolerated."

The state of California is among the 13 states that have passed a law to ban revenge porn. Many believe that the new law can deter potential attackers and protect their victims from both emotional and social trauma. However, critics like The American Civil Liberties Union are opposing such legislation, citing the concerns about the restriction of free speech rights.

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