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Is it legal to make a sex tape in Alabama If only one person knows about the recording ? And can that person disseminate clips ?

Foley, AL |

A friend of mine caught in problem with ex. husband who made a video of a sexual encouter without her knowadge. He say's she knew about the recording. Clip basicly shows two people naked having sex in various postions. Full nudity and very graphic. Has voice recordings as well. Looks & sounds evident everybody wanted to be there. But since diviorce, he has made the tape availibile to others and has disseminated it to her friends through un traceable e mail account and via text from un traceable drop phones. And of course he says she did it to make him look bad. Can she sue him under any Alabama state law for this? Can he be prosecuted for disseminating pronographic materials? Can anything be done to stop this, or to make him pay damages for her embarrassment?

Attorney Answers 2


The distribution of obscene material, as defined under Code of Alabama, 1975, section 13A-12-200.1, is a Class C felony offense if the distribution is undertaken for "pecuniary value." (Designed or intended to make a profit.) If obscene material is distributed knowingly, but without pecuniary gain, that offense is classified as a misdemeanor under the Alabama Code in section 13A-12-2003. In short, it appears that the person distrubuting this material may be prosecuted, at the discretion of the local district attorney. Your best course of action is to contact your local district attorney and request a conference.

Insofar a tort action and potential damages, that question is best referred to a civil practice attorney.

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She may want to contact the loca district attorney.

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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