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

Asked over 2 years ago - 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)

  1. Patrick Mahaney


    Contributor Level 16


    Lawyers agree

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    Answered . 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.

  2. Brian C. Pascale


    Contributor Level 18

    Answered . 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... more

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