Understanding Revenge Porn in Wyoming

On April 5, 2021, Wyoming governor Mark Gordon signed HB 85 into law. The purpose of the bill, which is effective as of July 1, 2021, is to alter Wyoming porn laws to account for the recent rise of a phenomenon called revenge porn.

The two houses of the legislature, which both overwhelmingly approved the bill, sought to update revenge porn laws in Wyoming that they felt did not effectively protect revenge porn victims.

Revenge porn is a relatively recent phenomenon. It’s rise follows the rise and ubiquity of social media and smartphones.

If you’re wondering, Is revenge porn illegal? You may be surprised to learn that before HB 48’s passage, Wyoming’s porn laws were silent on the issue. In fact, in 2019, Wyoming was one of only four states without a law on it.

Anyone who faces a revenge porn conviction should understand the new set of rules. Aside from understanding the rules and consequences, you should immediately retain an experienced criminal defense attorney if someone accuses you of revenge porn.

WHAT IS REVENGE PORN?

To understand the law, it is important to understand the answer to the question, What is revenge porn? Revenge porn differs from legal pornography in a few ways.

The new Wyoming revenge porn law states that the crime of revenge porn occurs when someone disseminates an image of another person with the intent to humiliate, harm, harass, threaten, or coerce them.

The image must meet four additional qualifications for courts to consider it revenge porn:

1. The person in the image is 18 years or older;
2. The person in the image does not consent to the image’s dissemination;
3. The person in the image is engaged in a sexual act or in a state of nudity; and
4. The person in the image can be identified from information attached to the image or from the image itself.

If your actions meet all these qualifications, you risk conviction for the crime of revenge porn in Wyoming.

Whether or not you believe the conditions are met, if someone files a criminal complaint that accuses you of revenge porn, it is essential that you hire an experienced criminal defense attorney as soon as possible.

WHAT ARE THE CONSEQUENCES FOR A REVENGE PORN CONVICTION IN WYOMING?

HB 48 ensures that revenge porn is taken seriously by Wyoming authorities. The potential consequences reflect the crime’s severity in the eyes of the law.

HB 48 classifies revenge porn as a misdemeanor offense punishable by a fine of up to $5,000, up to one year of imprisonment, or both.

A previous version of the bill made second offenses a felony punishable by up to three years imprisonment, a fine of up to $10,000, or both, but this language did not make it into the final version of the text. While the felony language is no longer part of the bill, the consequences for a conviction are still severe.

WHY IT IS CRITICAL TO HIRE A CRIMINAL DEFENSE ATTORNEY AS SOON AS POSSIBLE

The foundation of our country’s criminal law system is that all people are innocent until proven guilty. To help ensure that we follow this principle, our legal system relies on the idea that everyone accused of a crime is entitled to a fair trial.

However, with that said, trials aren’t always fair. Miscarriages of justice happen every day. There are several things that can make a trial unfair. Illegal investigation tactics, inadequate public defense, and coercion are just a few.

As someone facing a criminal charge, how do you ensure you are given a fair trial? The best way to ensure that your trial is as fair as possible is to hire an experienced criminal defense attorney.

Our attorneys at Cowboy Country Criminal Defense know how to counter unfair tactics both in and out of the courtroom.

CONTACT COWBOY COUNTRY CRIMINAL DEFENSE TODAY

Has someone accused you of revenge porn in Wyoming? If so, don’t wait to protect your freedom. Contact us at Cowboy Country Criminal Defense today.

Wyoming native Jeremy Hugus started Cowboy Country Criminal Defense for one reason: to make life better for real people. That’s our firm’s primary goal.

Our experienced criminal defense attorneys will do everything in their power to protect your rights and preserve your freedom. We believe in bringing power to the people and that you are more than the crimes you are accused of.

Let us prove your innocence and ensure that you get a fair trial. Don’t wait. Contact us today to discuss your case!