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Is it illegal to send nude pictures over a cell phone without the person, who is nude in the pictures, consent?

Saint Petersburg, FL |
Filed under: Civil rights

someone sent nude pictures without persons consent

Attorney Answers 3

Posted

Sexting is a new rage among teens. It carries with it many, many consequences. Rules pertaining to privacy include such concepts as, 1) sending a nude picture over a cell phone is illegal if the sender is a minor, 2) if the owner of the cell phone receiver of the nude picture is a minor and/or 3) if the pictured nude person is a minor. Simple as that.

There are many other consequences of sending a nude picture over a cell phone, too. Check with a FL lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Posted

It very well may be illegal it involves minors. There is at least one appellate court case which has upheld a conviction for child pornography where a minor and her boyfriend send nude pictures of themselves from her computer to the boyfriend's email. You could also speak with with the Pinellas County State Attorney's Office to find out more specific information on whether there is any criminal violation.

If a minor is not involved, it may still be a civil tort - invasion of privacy even if minors are not involved. Consult an an attorney to find out more specific details.

Bonnie Riggens
Law Office of Bonita M. Riggens
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Posted

The other answers already submitted pretty well cover most of the legal aspects of your question. Since lawyers are also supposed to act as counselors and no advice has been given along those lines, I'll chime in.

If the person in this picture doesn't WANT nude pictures of them spread around the world, don't do it. Do a risk/benefit analysis on this behavior and you will see that nothing good can come of your doing this and much that is not good can (and likely will) come of it. At the very best, some fleeting sense of satisfaction might come to you if you are seeking to embarrass this person for some reason, but this is not something that can be undone.

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