With the ongoing advancement of technology, and particularly following a global pandemic where people were seeking new ways to intimately connect from afar, it is not surprising that there was an increase in the exchange of sexual or intimate images through technology. An estimated 4 out of 5 adults have sent or received an explicit text or photo. If you haven’t done it, odds are you know at least four people who have.
However, problems can arise when this act of trust is breached – when what was supposed to be an intimate image shared between a couple gets shared beyond that circle of trust. “Revenge Porn,” as it is commonly known, is the act of sharing or posting intimate or sexually explicit images of a person without their consent to cause them distress or embarrassment. An estimated 1 in 12 U.S. adults reports that they have been victims of image-based abuse.
In Pennsylvania, it is a second-degree misdemeanor to disseminate intimate or sexual images of an adult without their consent and can result in up to two years of jail time and/or fines.
While not every instance of revenge porn will result in jail time (in fact most will not), where a parent is ultimately incarcerated, they cannot have custody of their child. Upon being released from imprisonment, it will be harder to regain custody time and rights as a result of the separation from the child.
For most revenge porn abusers who do not face jail time, it is unlikely that their actions will significantly impact a custody decision. While it is certainly conduct the court can take into consideration, it is likely not going to be the factor that helps you win your custody case.
If your search brought you to this article, odds are you’ve already found that under Pennsylvania law, the court must take 16 factors into consideration when making decisions regarding custody. While no one custody factor is more dispositive than another, the court still needs to evaluate them all when determining which custody situation is in the best interest of the minor child. The factor that has likely stood out to you is number (2), “the past or present abuse committed by either party…”
While revenge porn is a breach of privacy and trust, it is technically not considered abuse under Pennsylvania law or as contemplated in these factors. Under Pennsylvania law, “abuse” focuses on acts that cause an individual physical harm or conduct that puts them at fear of physical harm. As terrible as this thing is that they did to you, unless it is coupled with some act of physical violence it ultimately doesn’t mean they are a danger to their children’s physical health and well-being.
“Morality” in general is not a factor the court will consider, but the biggest factor to gain traction with is number (16), “any other relevant factor.” In these instances, the abuser has demonstrated incredibly questionable moral conduct and poor decision-making. They are likely not going to be considered the “stable” parent. Further, children have access to the internet, and depending on where this content is posted, who is to say that the child couldn’t stumble upon this post – that is something that will directly negatively impact the child. The weight given to any argument in relation to Revenge Porn will ultimately depend on the specific judge assigned to your case.
For further guidance or information on this topic, please set up a consultation with a member of our Family Law team.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Hayley is a Doylestown-based family law attorney, who handles all aspects of domestic relations matters, including divorce, custody and visitation, child support, property division, protection from abuse, as well as family law...
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