Sexual privacy attorney Carrie Goldbergexplains to Us Weekly the possible implications of the nude photos that Kardashian, 30, posted on his Instagram and Twitter accounts on July 5. "In California, there is a Revenge Porn bill that went into affect about two years ago,” she tells Us. "It’s a misdemeanor in California to distribute sexually graphic images without the consent of the other person depicted. It is a misdemeanor and it is punishable up to six months in jail and then also a fine.”
Although Chyna, 29, has already taken the matter to court when she filed for a temporary restraining order on Monday, July 10, “that would not trigger law enforcement to open a criminal case,” Goldberg says. "Blac Chyna would have to fill out a police report.”
The model, who shares 8-month-old daughter Dream with the reality personality, could also sue Kardashian for damages. "Criminal court is going to be about punishing laws for his actions. It’s the State of California against Robert Kardashian. Civil court would be about what Blac Chyna has suffered as a result of that,” the New York-based lawyer says. "If she had suffered emotional distress, as most victims of revenge porn do, as well as, I understand her claims of other types of abuse, she could get financial damages for that.”
Goldberg tells Us that Kardashian’s celebrity influence could factor into the size of damages awarded. "This is an unprecedented situation where somebody with such social media influence uses that power to humiliate. He’s got between Twitter and Instagram, like, 18 million followers, and he posted on both of those forms,” Goldberg says. “It makes the damages to Blac Chyna that much more extreme because any single one of those followers has the ability to screenshot it or repost it and further the dissemination."
The attorney believes that Chyna would have a strong case because Kardashian made his motives clear. “He also posted words on social media that indicated that he didn’t get her permission and that he was retaliating against her for things he believed she’d done wrong,” Goldberg tells Us.
It seems that the Arthur George sock designer may avoid further consequences, though, as long as he complies with the order of protection. Chyna’s attorney Lisa Bloom told Entertainment Tonight that her client will not be pursuing criminal charges for posting the explicit photos.
"For now, Chyna has said she does not want to go to the police or pursue the criminal route," Bloom said. "She hired me to go in and get those domestic violence restraining orders, which we did immediately, and if Rob lives up to them, then it will be OK. Chyna is aware that Rob is the father of her baby. She is not trying to start a war."
The Lashed Bar salon owner is still planning to coparent with Kardashian. “I would never try to take Dream from her dad,” Chyna told Nightline on Monday, July 10. “Hopefully, me and Rob can learn to have common ground and be the best coparents as we can be."