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Nude pics through text message

Lexington, KY |
Attorney answers 3


Yes, if the nude person didn't consent to have their photo taken or distributed, you'd be invading their privacy.

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Without knowing the specific facts and circumstances, it is difficult to know. But, the conduct is probably not a crime -- unless it rises to the level of harassing behavior. However, as Attorney Koslyn as indicated, you could be sued for the invasion of a person's right to privacy (and perhaps infliction of emotional discuss, and other claims), if you took and/or sent the nude/private pictures without express permission to do so. Also, if you did not take the picture in question, the person who took the picture may have a claim against you for copyright infringement.

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I would always advise AGAINST sending anything private via a cell phone or email, or posting online. You lose control once you press the "send" button. People who receive the image may or may not remain loyal to you and may or not respect your privacy or your wishes. Stop it!

Here are two statutes in KY that may relate to your question:
§ 531.020. Distribution of obscene matter.

Kentucky Statutes


Chapter 531. PORNOGRAPHY

Current through Chapter 106, Regular Session 2011

§ 531.020. Distribution of obscene matter

(1) A person is guilty of distribution of obscene matter when, having knowledge of its content and character, he:

(a) Sends or causes to be sent into this state for sale or distribution; or

(b) Brings or causes to be brought into this state for sale or distribution; or

(c) In this state, he:

1. Prepares, or

2. Publishes, or

3. Prints, or

4. Exhibits, or

5. Distributes, or

6. Offers to distribute, or

7. Has in his possession with intent to distribute, exhibit or offer to distribute, any obscene matter.

(2) Distribution of obscene matter is a Class B misdemeanor unless the defendant has in his possession more than one unit of material coming within the provisions of this chapter, in which case it shall be a Class A misdemeanor.

History. Effective: January 1, 1975
Created 1974 Ky. Acts ch. 406, §266 , effective January 1, 1975
§ 531.010. Definitions.
Kentucky Statutes


Chapter 531. PORNOGRAPHY

Current through Chapter 106, Regular Session 2011

§ 531.010. Definitions
As used in this chapter:

(1) "Distribute" means to transfer possession of, whether with or without consideration.

(2) "Matter" means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, live image transmitted over the Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.

(3) "Obscene" means:

(a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; and

(b) The matter depicts or describes the sexual conduct in a patently offensive way; and

(c) The matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(4) "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse; or physical contact with the genitals, flagellation, or excretion for the purpose of sexual stimulation or gratification.

History. Effective: June 25, 2009
Amended 2009 Ky. Acts ch. 100, §3 , effective June 25, 2009. -- Created 1974 Ky. Acts ch. 406, §265 , effective January 1, 1975

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