After releasing a series of explicit photographs and videos of his ex-fiancée, Blac Chyna to social media on Wednesday, legal experts are coming out front, right and center suggesting Rob Kardashian could face criminal charges after violating California’s revenge-porn law.
Former federal prosecutor, Priya Sopori, who specialized in cybercrime, tells Buzzfeed that Kardashian’s posts could land him in hot water, particularly if Chyna tells law enforcement the photos were not meant for public distribution.
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Moreover, Chyna has a solid case if she claims she had suffered emotional distress after his publishing them.
Legal expert, Carrie Goldberg, attorney and founder of the internet abuse and sexual consent firm, C.A. Goldberg, PLLC, tells PEOPLE that Kardashian’s actions are proof of a “classic, quintessential revenge porn” case.
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“Rob has made the work of a prosecutor or a victim’s attorney quite easy so far as to even post about the very motive behind his outrageous act of posting these private and nude photos of his ex,” she said.
Though the photos showing Chyna’s nude body have since been deleted, the repercussions of reposting, saving and re-uploading to various networks poses quite a threat to the angle of his innocence. Alongside the images and video, Kardashian made accusations that Chyna was cheating.
Goldberg adds that “the allegation of infidelity does not give someone the right to seek revenge in such a devastating way.”
In 2013, revenge porn was made a crime under the California Penal Code, stating that it is a criminal misdemeanor to intentionally distribute identifiable images of another person’s intimate body parts “under circumstances in which the persons agree or understand that the image shall remain private.”
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The law further states that the person distributing the image knows or should know that the distribution of such images have the potential to cause serious emotional distress, and the person depicted in said photographs would suffer distress.
With the law in place, if charged, Goldberg tells PEOPLE that Kardashian could face up to six months in jail and a fine, sharing with Women’s Health that “They really do crack down on it hard in California.”
When understanding legalities and the consequences of such abuse, Goldberg notes that Kardashian could also be the subject to civil action — that is if Chyna chooses to pursue a lawsuit against the father of their child, Dream.
“Blac Chyna has the ability to take matters into her own hands and sue him,” Goldberg said. “And to get a restraining order against him and to seek damages herself – that’s a very empowering tool for victims.”
When it comes to seeking damages, Goldberg says victims can make a claim in civil court and receive very big judgments. In the case of these two celebrities though, the attorney says Chyna could receive an amount that is literally “millions upon millions.”
Goldberg adds that because of their celebrity status and how each has followers in the millions, it’s easy for users to download, screenshot and repost. However, it is an action she strongly advises against as it further disseminates the pictures could, in some states, face criminal liability.
Should he be arrested and face legal charges, Goldberg states that his claims and reasons for infidelity will be irrelevant.
“For anybody to seize the sexual privacy of another person, no matter who that person is, or how they may have voluntarily exposed themselves in the past, nobody has that right,” Goldberg said. “Nobody has the right to take control of someone else’s sexual privacy. When we’re talking about revenge porn, we’re talking about consent and control. And he took control away and his act of posting the images was without consent.”