My sister-in-law posted naked pictures of my 5 year old on facebook. What can I legally do?

Asked about 1 year ago - Charleston, WV

The pictures show my son's full frontal and behind (since she has more than three) I have asked her several times to take them down but she refuses. Can I press charges, sue, etc.? She doesn't care about the welfare of my child or who sees the pictures.

Attorney answers (5)

  1. Lawrence G. Walters

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . It probably comes as no surprise that sexually explicit images of minors constitute illegal child pornography. If the images are child pornographic, you have a wide variety of civil and criminal remedies. The definition of child pornography varies from state to state, and from federal to state law. But generally, if the images focus on the genitals or pubic area of the child, in a 'lascivious' or sexual manner, they are illegal. The poster can be prosecuted criminally, and sued for substantial civil damages. If the primary goal is to remove the images from public display, contact facebook.com, which will undoubtedly remove the images promptly. You can also report the images to the CyberTip Hotline; http://www.missingkids.com/cybertipline/, for further action. Note, if the images are a simple nudes, with no sexual connotation, they may not be criminal, but will probably be removed by facebook, nonetheless.

    Disclaimer: The foregoing does not constitute legal advice or form an attorney/client relationship. Please... more
  2. Seth S. Gaskins

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Contact the authorities. If you wish to pursue a civil case later contact an attorney in Charleston. Good luck.

    My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-... more
  3. Christopher Daniel Leroi

    Contributor Level 20

    2

    Lawyers agree

    Answered . Report it to law enforcement. This is a very serious criminal offense.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree-serious crime-should be reported.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  5. Jonathan Soukias Marashlian

    Contributor Level 10

    2

    Lawyers agree

    Answered . Contact Facebook. They have policies that prohibit publication of pornography and nudity: https://www.facebook.com/communitystandards This may resolve the concerns you have regarding the maintenance of the images on a public site. I will not comment on the criminality issue. I have chosen, instead, to focus on the practicality of a solution that may resolve your concerns while preserving familial relationships with your brother's sister.

    Your receipt of this informational response is not intended to create, and receipt does not constitute, a contract... more

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