Location is New York
Ok, I took naked pictures of myself and sent them to a girl I was involved with (she also sent me some of hers). We both explicitly agreed via text that the photos were solely for private use and that they had been deleted after about two months of being in her possession. Now, she has threatened to post the pictures online in the future (she did not demand compensation of any kind and apparently she never deleted them). Obviously this would result in a loss of employment, gross emotional distress and a shattered public reputation. Is there any civil or criminal recourse that can be taken against the individual if and when the pictures are posted online?
If she threatened you then a criminal charge could potentially be made out. You can also pursue a civil claim.
I would hire a civil attorney immediately to file for an injunction, which is an order prohibiting certain conduct.
I agree with both of my colleagues. Posting such pictures over your objection is actionable in most cases.
The reality is if you bring any claims against her, she can easily forward them on for someone else to post. See an attorney about how you can handle this situation WITHOUT causing the one thing you are trying to avoid.
Sometimes the legal answer won't help.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
You're not clear what the threat is... she didnt ask for money so what was the threat. I will post the pictures online if _______________________. Unless I know what the threat was, I cannot answer whether it could be a criminal charge. There are certainly civil issues that attach to this type of conflict. I successfully got naked pictures of a client removed from a pretty popular website but there is no way to control who had access to them and what they did with them prior to the removal.
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
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