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Kardashian case spotlights revenge porn crime, elements

As a recent USA Today article duly stresses, so-called "revenge porn" is "a crime of the Internet Age."

Indeed, revenge porn -- which is outlawed and calls for criminal punishment in a clear and growing majority of states -- provides for a modern-day twist on invasion-of-privacy laws that have been operative across the United States throughout much of the country's history.

California was a relatively early state entrant with its 2014 drafting and implementation of statutory law addressing and providing criminal penalties for individuals convicted of revenge porn.

As USA Today points out, what gives California's law added thrust is that the six months of incarceration and other downsides that can apply in a criminal case can be augmented by an accuser's civil lawsuit for money damages against an individual who posts revenge porn in an online forum.

Rob Kardashian -- yes, one of those Kardashians -- might conceivably be taking a close look with his legal counsel right now at the specifics of California's revenge porn provisions, given his recent involvement with explicit postings of his ex-fiancée and television personality Blac Chyna on social media sites. The images were quickly deleted following their online appearance.

California's law contains several proof requirements that some commentators say can make conviction in a given matter challenging, and they would likely be at the core of any case brought against Kardashian.

For an alleged victim to prevail in a lawsuit, for example, the images that were posted must have been taken with the mutual understanding of the involved parties that they would be forever confidential. Additionally, the victim must be identifiable online and have suffered emotional distress.

And, importantly, a defendant must have had intent to break the law and cause harm.

Much about those elements is not publicly known presently in the matter involving Kardashian and Chyna. The next legal move -- if any -- would logically seem to be forthcoming from Kardashian's ex-partner.

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