15 U.S. Code § 6851: Federal Lawsuit for Revenge Porn - Veridian Legal
Have you been a victim of revenge porn? The federal government passed a law in 2022 to protect individuals whose intimate images are shared without their consent. This law, 15 U.S. Code § 6851, allows victims to file a federal lawsuit for revenge porn and seek damages, a court order to remove the images, and other relief.
At Veridian Legal, our experienced revenge porn lawyers have a deep understanding of this law and can help you understand your rights and options. We've successfully represented clients in federal revenge porn lawsuits, including a landmark case that established important precedents under this law.
Understanding 15 U.S. Code § 6851
This law provides a civil cause of action for victims of revenge porn, also known as nonconsensual pornography or intimate image abuse. It allows victims to sue the perpetrator in federal court for sharing intimate images without their consent.
Why This Law is So Important
15 U.S. Code § 6851 offers some distinct advantages for revenge porn victims:
Focus on Consent: The law focuses solely on whether the intimate images were shared without consent. Victims don't need to prove that they suffered specific damages to have a valid claim.
Liquidated Damages: The law allows for liquidated damages, which means you can potentially recover a set amount of $150,000 even without proving actual damages. This can be especially beneficial for victims who may not have extensive financial losses but have suffered significant emotional distress.
Privacy Protection: Because you don't need to prove damages, you may not have to disclose sensitive mental health records or other personal information to support your claim. This can help protect your privacy and prevent further victimization.
Key Elements of the Law:
Intimate Visual Depiction: This includes images or videos that depict:
The uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual.
The display or transfer of bodily sexual fluids.
An identifiable individual engaging in sexually explicit conduct.
Non-consensual Disclosure: The victim must not have consented to the sharing of the image.
Interstate Commerce: The disclosure must have occurred in or affecting interstate or foreign commerce, such as through the internet or by mail.
Important Considerations When Suing Under 15 U.S. Code § 6851
Date of Image Sharing: The law only applies to images shared on or after October 1, 2022. If the images were shared before this date, you may still have legal options under state or local laws.
Punitive Damages: While the federal law allows for actual and liquidated damages, it does not explicitly provide for punitive damages. If you're seeking punitive damages, you may need to pursue a separate claim under relevant state laws, such as New York Civil Rights Law 52-B.
Protecting Your Privacy: Proceeding Anonymously
Under 15 U.S. Code § 6851, you have the option of filing your lawsuit anonymously, using your initials or a pseudonym to protect your identity. This can be crucial for victims of revenge porn who are concerned about further embarrassment or retaliation. At Veridian Legal, we routinely help our clients file lawsuits anonymously and ensure their privacy is protected throughout the legal process.
Choosing the Right Court: Federal vs. State
When deciding whether to file your revenge porn lawsuit in federal or state court, there are several factors to consider:
Jurisdiction: Federal courts have specific jurisdictional requirements, such as the involvement of interstate commerce or a dispute between parties from different states.
Remedies: The types of damages and relief available may vary between federal and state courts.
Procedure: The rules and procedures for litigation can differ between federal and state courts.
Timeline: The time it takes to resolve a case can vary depending on the court's caseload and scheduling practices.
Our experienced attorneys can help you evaluate the advantages and disadvantages of each option and determine the best strategy for your specific case.
Who Can Sue Under This Law?
Anyone whose intimate image has been shared without their consent can sue under this law, regardless of their relationship with the perpetrator. This includes:
Current or former spouses or intimate partners
Friends or acquaintances
Strangers
What Damages Can You Recover?
If you win your revenge porn lawsuit under this law, you may be able to recover:
Actual Damages: Compensation for the emotional distress, lost wages, and other harm you've suffered.
Liquidated Damages: A set amount of $150,000, in addition to actual damages.
Attorney's Fees: The court can order the perpetrator to pay your legal fees.
Injunctive Relief: A court order requiring the perpetrator to stop sharing the images and potentially remove them from the internet.
Veridian Legal's Success in Federal Revenge Porn Lawsuits
We're proud to be leaders in using 15 U.S. Code § 6851 to protect victims of revenge porn. In a recent case, we successfully represented a client whose intimate images were shared without their consent. The court ruled in our client's favor, awarding significant damages and issuing an injunction to prevent further sharing of the images.
FAQs about 15 U.S. Code § 6851
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A: Yes. What matters is that you did not consent to the images being shared with others.
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A: You can still sue under this law if the images were shared in a way that affected interstate commerce, such as through the internet.
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A: Contact us for a free consultation. We can discuss your situation and help you determine if you have a case under this law or any other state or federal laws.
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A: While this law does not explicitly provide for punitive damages, we may be able to pursue those under other state laws, such as New York Civil Rights Law 52-B.
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A: Suing in federal court can offer advantages such as access to a wider range of remedies and a potentially faster timeline for resolution. However, the best option for you will depend on the specific circumstances of your case. Our attorneys can help you determine the best course of action.
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A: In some cases, it may be possible to pursue both federal and state claims concurrently. We can help you evaluate your options and develop the most effective legal strategy.
Our Consultations Are Different:
Free: No cost, no obligations.
Experienced: Speak directly with an experienced revenge porn lawyer, not a paralegal.
Image Report: We'll provide a free image spread report using facial recognition technology.
Honest Assessment: We'll discuss your case's strengths and weaknesses and figure out a plan of action that’s right for you.
Contact a Revenge Porn Lawyer Today
15 U.S. Code § 6851 provides a powerful legal tool for victims of revenge porn. If you've had your intimate images shared without your consent, our experienced attorneys at Veridian Legal can help you fight back and seek justice. Contact us today for a free and confidential consultation. We're here to help you understand your rights, navigate the legal process, and pursue the best possible outcome for your case.