I told my girlfriend that if she ever breaks up with me, I am posting naked pictures of her on the internet. Is that legal?

Asked 7 months ago - San Diego, CA

I told my girlfriend that if she ever breaks up with me, I am posting naked pictures of her on the internet. Is that legal? She let me take the pictures of herself.

Attorney answers (8)

  1. Oscar Michelen

    Contributor Level 16

    11

    Lawyers agree

    Answered . It could very well be illegal under California's new "Revenge Porn" law passed in October of this year. In addition, depending on where you place them and/or how you use them, they may violate California's very strict right to privacy/right to publicity laws. Finally, it is a morally reprehensible thing to do and a very crappy way (for lack of a better legal term) to maintain a rleationship - but that's not really legal advice, just my opinion. In short, don't do it.

    The answers given are informational only and do not constitute legal advice.
  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . There was a young man that believed he could do the same thing. Subsequently he was arrested by the FBI for harassment. He spent over $40,000 for a trial attorney and lost. He then retained my services for his appeal. The Ninth Circuit Court of Appeals heard oral arguments on July 2. Client is currently in jail waiting for the Ninth Circuit's ruling. So I will let you know as soon as I find out. In the meantime prepare to be arrested and jailed if you do post the pictures.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Andrew Mark Jaffe

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . The scenario you posted above is the very definition of blackmail which could send you to prison for a very long time.

    This is not a good idea and a morally outrageous act.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more
  4. Ripal Patel

    Contributor Level 12

    7

    Lawyers agree

    Answered . This would be illegal. And would subject you to some serious liability and possible prison time.

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-... more
  5. Rixon Charles Rafter III

    Contributor Level 20

    8

    Lawyers agree

    Answered . No.

    Now, you have by this post helped make the case against you easier to prove as you posted your own statement against interest in an open public forum that she ( or authorities) could tie to you and use against you.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  6. Pardis Patrick Ashouri

    Contributor Level 17

    6

    Lawyers agree

    Answered . Why would you not want to respect your "self proclaimed" girlfriend's right to her privacy And be potentially subject to sever consequences (Shooting oneself in the foot)

    To have any doubts about her privacy is socially, morally and legally very questionable and to post a question on a public forum( legal Q&A) Is incomprehensible and if intended as a joke, it is as inappropriate and reprehensible as what is described.

    The only thing to do is to again read and follow excellent responses above by other colleagues and I couldn't add anything else in this legal forum.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor... more
  7. Michael Elliott Rubinstein

    Contributor Level 12

    6

    Lawyers agree

    Answered . Bad idea. You might find the following article helpful; it's long, but it should illustrate to you that "revenge porn" is a growing problem in today's social media society. Angry ex-boyfriends are finding themselves in legal hot water by doing what you told your girlfriend you would do. In short--don't do it.http://www.abajournal.com/magazine/article/vict...

  8. Brian Curtis Pascale

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You seem like a treat. Why wouldn't she want to stay with you forever!

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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