In 2013, California became one of the first states to outlaw revenge porn (also known as cyber exploitation or digital rape) in enacting Penal Code § 647(j)(4). Shortly thereafter, the Cyber Civil Rights Initiative published a study finding that: (i) 93% of victims suffered significant emotional distress as a result of their victimization; (ii) 82% said they suffered significant impairment in social, occupational, or other important areas of functioning due to being a victim; (iii) 51% had suicidal thoughts; and (iv) 49% stated they had been stalked or harassed online by users who saw their material.
Since the offense was a misdemeanor, however, it had to be prosecuted within one year of the date of the offense. This presented challenges for revenge porn prosecutions since many times the victims do not learn of the offense until well after it occurred and/or need additional time to identify anonymous perpetrators.
Senator Susan Rubio, working with the Alameda County District Attorney’s Office and California District Attorneys Association, introduced SB 23 to amend the law to extend the statute of limitations to “within one year of the date on which it is discovered, but not more than four years after, an image was intentionally distributed.” The bill passed the Senate and Assembly without opposition and was signed into law by Governor Newsom on October 4, 2021. It goes into effect on January 1, 2022.
Cyber Report 