On Wednesday morning, Rob Kardashian took to Instagram to share sexually explicit photos of his ex Blac Chyna. The photos, which have since been taken down (and reposted, and taken down, and reposted, and taken down, etc.), were posted in the midst of a larger Instagram rant about Chyna sleeping with other men and her plastic surgery. Accusations are flying back and forth from both parties involved in this dispute, but, in the process of airing this dirty laundry, Rob committed a much bigger crime: revenge porn.
In California, revenge porn is defined under the Penal Code 647(j)(4) and is essentially the act of sharing an intimate picture or video of a person — that the people involved had previously agreed was private — for the express purpose of causing distress.
It’s specifically California’s stipulation that the act causes distress that Daniel S. Szalkiewicz of Daniel Szalkiewicz & Associates, a firm that specializes in internet defamation, privacy, and revenge porn, believes bodes the most poorly for Kardashian.
“There’s something called mens rea under law where you have to have a guilty mind and you have to have intent in order to violate the statute, and if he’s going out there and saying ‘I’m doing this because I’m hurt and I want to hurt her back’ that shows ill will,” Szalkiewicz explained. “He’s actually hitting on all of the different elements that make this a crime.”