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Nude Photos

Tarpon Springs, FL |

My ex-boyfriend posted nude photos of me on instagram and refuses to take them down. every time i report a photo he reposts it. I read an article stating that it is illegal in the state of California to post nude photos of someone without their consent. The only problem is, he resides in florida and I live in California. What kind of action can I take to get this all to go away?

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Attorney answers 4


You will need to look at Florida invasion ofnprivacy laws to see ifntherenisma cause ofnaction youncan bring in his home state to obtain a cease and desist order. You need to confer with a FL civil litigator. I recommend you speak with Alan Kluger at Kluger Katzen or Jonathan Etra at Broad and Cassel some advice and direction.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

John P Corrigan

John P Corrigan


Sorry for iPad typos....wish Avvo had autocorrect!


Have a Florida lawyer send your ex a cease and desist letter. See if that gets his attention. A California lawyer's letter will probably not have the desire effect because he'll know that lawyer can't practice law/sue him in Florida. Hope that gets his attention because to sue him, to you would have to file and litigate the suit in the county where he resides. It will be expensive, especially because you'll have an uphill battle evidentiary wise--the problem is that you voluntarily posed for them and he had it in his possession with your consent. Yes, you can sue, but it's your word against his--he's going to say he had permission and you are now raising a stink because you're broken up. Also, you'll have to show the court with evidence that you suffered economic damages if you want money from him (so if you want anything other than the photos taken down). If he has text with the photos, or tries to make money off the photos, you'll have a stronger case for a lawsuit.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Bruce E. Burdick

Bruce E. Burdick


Another, and perhaps better, option is to hire a lawyer in a law firm that has an office in both California and Florida and handles family law. That ought to get his attention and, if he has any sense, stop this nonsense. Also, depending on where he is posting these nude photos, you may be able to send a takedown notice to the site in question and asked for assistance in disabling his account. Most reputable sites do not want this sort of activity and will take action against offenders. If, on the other hand, he is posting on one of the revenge sites, they will not be of much help to you because their business model depends on not cooperating with the victims of the revenge.


Either contact Instagram yourself and see what their response is or contact a Florida attorney.

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The courts have mostly held that this is a First Amendment Free Speech issue, and the case law is still evolving. It's unlikely that there will be any resolution of this issue any time soon.

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