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Is it illegal in Texas to post consensual naked pictures/video of you ex-girlfriend?

Abilene, TX |

We made a home movie in which she and I were informed was going to be filmed and which we both consented to. The pictures/moves were understood, but not expressly stated, to remain private. She looks directly at camera and poses, sticking out her tongue and smiling while performing a sexual act. Does posting that picture/movie violate any criminal or civil statutes in the state of Texas?

Attorney Answers 4

Posted

The ages of the people involved and the ages of the viewers are key facts. Rather than post them here on this public web site, it might be best to see an attorney. Civil statutes are not "violate" but rather may show causes of action, that is, the basis for lawsuit, as well as common law bases for lawsuit. Criminal law can result in arrest and trial, as you know, and you attorney would be the best one to advise you whether or not you are safe in contacting the police.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

I agree with Mr. Poulson...you did not mention the ages of the individuals involved...you should talk to an attorney if this is something you are steadfast to do...but why post it.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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1 comment

Asker

Posted

Ages are 21 & 26. Medium is exgfpics.com

Posted

The importnce of seeking advice from a criminal defense attorney who regularly appears in both federal and state court cannot be over emphasized. The potential penalties are potentially life long and very unpleasant.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

I just have to ask, why in the world would you want to? Based on your wording it is clear that it is you that is thinking about posting this and I just don't get why you would want to do this. If you had any sort of decency and/or respect for this woman while you were dating you wouldn't even consider this.

That said, the above attorneys are correct- you need to speak with both a civil and criminal defense attorney because you could possibly be subject to federal and state civil and criminal action. Again, if this person trusted you enough to engage in sexual activity and allow you to record it, either destroy the tape or keep it for your own viewing pleasure, but don't think once you hit the "return" key and post that video that you have any control over what happens to it and that you haven't negatively affected the rest of someone's life.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing

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4 comments

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Yes, by all means, if you have NOT posted this video, do not do it. They jury would NEVER convict her for taking a very personal revenge. Everyone sleeps sometimes.

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

If it is the asker who wishes to post this rather intimate picture and the purpose is revenge, the asker may get that. It just may not be he who gets revenge.

Asker

Posted

I take it that the LEGAL ramifications far outweigh the end result - humiliation for what she has publicly done to me physically/emotionally. My moral standard is higher than you're giving me credit. I wouldn't ever post this material for the simple fact that it was done in confidence and while we were in love. However, that doesn't mean that I cannot be curious of such questions while grieving. Thank you for your input. It was most helpful.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

True. Turn away from the Internet for a season. It is a beautiful fall, and life eventually goes on. Best of luck.

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