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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?

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. 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. 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 you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.


  3. 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-Client relationship has been established. I am an attorney in the Bay Area.


  4. 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 ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  5. 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 entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.


  6. 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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  7. 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/victims_are_taking_on_revenge_porn_websites_for_posting_photos_they_didnt_c/


  8. 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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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