Revenge Porn

Nowadays, cases of so-called revenge porn occur more and more frequently, especially among minors, which consists in the illegal dissemination of images and videos of a sexual nature. With the entry into force of Law no. 69, which introduced art. 612-ter of the Criminal Code, anyone who sends, delivers, transfers, publishes or disseminates images or videos of sexual organs or sexually explicit content, intended to remain private, is punished with imprisonment from one to six years and a fine from 5,000 to 15,000 euros. without the consent of the persons represented. The assumption of the crime in question is the absence of consent from the representative persons for whom all those activities connected with the so-called sexting or the sexual activity carried out, by consensus, between the subjects through IT tools do not constitute a crime.
In other words, any conduct that involves the transfer of a sexually evident content of a strictly private nature, be it an image or a video, implies the punishment of the conduct without the consent of the persons represented which therefore would fall within the hypothesis of sexting.
The offense is aggravated if the conduct is carried out through IT or telematic tools or through social media or instant messaging tools, for example whatsapp, messenger, telegram, tik tok.
The law provides for an aggravation with a special effect with an increase of up to half of the basic penalty provided in the event that the facts are committed to the detriment of a person in a condition of physical or mental inferiority or to the detriment of a pregnant woman, hypothesis that imply the prosecution of the offense ex officio or without the need for a complaint by the injured person.
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