It started out like any other online dating experience. Sergio Ortiz met a woman on a popular dating website and the two decided to meet up. After the date, they went back to Ortiz’ home. His date, an unnamed female, “reluctantly agreed” to allow Ortiz to film their intercourse. Afterward, she had a change of heart and asked him to delete the footage.
Apparently, Ortiz failed to do so.
The woman chose to end contact with Ortiz, after which he uploaded the footage of their intercourse to a porn website. The victim was later notified by a coworker that the video had been posted online. After having the video brought to her attention, the victim is reportedly dealing with terrible emotional distress at work and at home. Since she didn’t consent to having the video posted online, the victim made a police report and Ortiz was arrested shortly thereafter.
After the investigation, LAPD detectives discovered that this isn’t the first pornographic video of Ortiz and his dates that he posted online. Currently, police are not aware if the other women had given consent.
California Penal Code 647(j)(4) PC covers “revenge porn” in California. Cases of “revenge porn” typically entail initial consent to the filming of a sexual act, but no consent to having that film posted online or otherwise disseminated. 647(j)(4) PC is a relatively new crime, having only been added to the books in 2013.
“Revenge porn” is a misdemeanor in California, and the possible penalties include summary probation, up to 6 months in county jail and fines of up to $1,000. However, if the victim was a minor or the defendant has a similar prior conviction, the penalties are increased to up to 1 year in county jail and fines of up to $2,000.
