On Nov.7, 2014, I had just gotten home around 11:10 pm,when I started receiving texts messages from some of the parents on my 13 yr old daughter's phone. The picture attached was of me , naked, nothing sexual but still naked. My ex-wife is the Only one that stole that picture from computer trash, as it was intended for my fiancé in Brazil. She sent it to the two parents I have had a difficult time with on the team and is why I no longer bother attending. The picture was sent to the entire team, including 12 and 13 yr girls, the parents,and coaches . I immediately asked from what IP Address and number did the text came from, which all pointed back to Arizona and my ex's phone where the picture came from. Now I am being threatened by the one parent that he is going to ruin my name, reputation and sending it throughout the internet t0 my business. Can I do anything to stop this and am concerned that the girls on the team including my 13 yr old are now involved. The police could see right away I could not possibly send it thru theIP address and traced anonymous phone number that pointed to the suspects I knew were behind all this.
Any help or suggestions would be great help. My ex has been already arrested 3 times for DV and has another pending. We are scheduled for a child custody hearing coming upon a couple weeks
and I suspect she is trying to paint me in a bad light. I might add that I awaiting a heart /liver transplant and this last offense is not helping me health wise. The team and all adults are thinking this just a big joke on me. I find it humiliating and beyond belief.
These statements of yours conflict: "Now I am being threatened by the one parent that he is going to ruin my name, reputation and sending it throughout the internet t0 my business." "The team and all adults are thinking this just a big joke on me."
California cannot punish beyond its border, if wife is now in Arizona, except to do so with custody of children or issuance of monetary sanctions. The police where the crimes were initiated (one was the place of theft and the other was the place of internet transmission) can and should investigate and refer the matter to a prosecutor there. A new crime would impact any criminal case on which she is still on probation. This should be brought up in the custody hearing and you need to make sure that this type of behavior is proscribed.
I changed this to the Family law practice area where it belongs.
Is law enforcement willing to pursue the matter? What are your damages? If the image is sent to your employer and you lose your job you may have a civil case against whomever you can PROVE sent the image.
If you can prove that she exhibited this kind of behavior, it may help you in the child custody hearing.
I think this is illegal under federal laws regarding the internet. I am posting this under "internet."
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This is why you dont take nude pictures of yourself, regardless of who it was intended for.
You have three choices: 1) file a lawsuit; 2) pursue criminal action; or 3) both. You could benefit with meeting with an attorney to discuss these options further. Many attorneys offer a free consultation. Best wishes.
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Your ex likely violated federal laws by knowingly providing pornographic material to minors; there may well be other violations here. Contact an attorney to have them help you with law enforcement on this. What you absolutely don't want happening is for you to be arrested as a sex offender.
I focus my practice on (video) gaming industry, casino gambling, and complex internet law issues, electronic free speech, entertainment law, copyright and trademark law, and computer fraud. I primarily represent game developers and founders of emergent internet technologies. The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship.
There are several issues here: 1) Distribution of that material to minors is probably a serious crime. Its not clear from your question which law enforcement agency to speak to (FBI, California, or AZ) though. 2) Going through your computer trash to find the picture, may be a violation of anti-hacking "computer fraud" laws, depending on the details. 3) If you took the picture, you own the copyright, and the distribution was infringement which gives you a right to sue for an order that the person stop, and damages. You can even seek a preliminary order that they stop while the case is pending. 4) The person may have violated criminal harassment laws and you may have a civil harassment claim and right to a restraining order. You may also have civil claims for things like "bad light invasion of privacy." And 5) there is an emerging body of law concerning "revenge porn," and a small number of attorneys who deal with that. I would seek out someone from that group -- this is worth seeing a lawyer about, and you may be able to recover damages if the ex has an ability to pay.
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