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Henrico man may be first charged under new state ‘revenge porn’ law

Posted at 11:43 PM, Jul 16, 2014
and last updated 2014-07-17 06:54:02-04

HENRICO COUNTY, Va. -- Brandon Oliver declined our interview request Wednesday.

Oliver, 21, was charged under a 15-day-old state law designed to fight "revenge porn." On July 1, Virginia became the 11th state in the country to enact such a law.

"He very well may be the first in Virginia charged," CBS 6 legal expert Todd Stone said.

Oliver is charged with the unlawful distribution of a photograph.  He's out on bond and did not want to speak when approached outside his eastern Henrico home.

"The charge is under what people refer to as the 'revenge porn' law,” Stone said. "Technically it's malicious, with intent to harass by putting a photo or video of someone nude or partially nude in a public place like the internet."

A nude photograph of Oliver's ex-girlfriend  popped up on a Facebook feed July 10, police sourced indicated. Those sources add the ex-girlfriend then swore out two warrants.  Vandalism and the unlawful photograph charge are both misdemeanors.

"It's important to note this young man is presumed innocent of both charges,” Stone said.  “But he now has a property damage charge from May and another charge from Tuesday night.  And the same victim is listed in both cases. It would suggest this woman is willing to testify."

If convicted of both charges, Oliver faces up to 24 months in prison and a $5,000 fine.  He said he retained an attorney, but did not say who it was.