The pictures were stolen off my husband phone by his son. The sons girlfriend found the pictures and put them on her Facebook page in an attempt to embarrass me
Facebook has simple remedies for this. Just flag thenimages and notify them. You should send the girlfriend a cease and desist letter andbhave a conversation with her parents.
If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
You can press criminal charges, file a civil lawsuit or both. You could benefit from meeting with an attorney. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best and Happy Holidays.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I agree with Mr. Pascale and Mr. Cernyar in terms of flagging the image on Facebook and potential civil and criminal remedies. I'd also suggest a reverse image search to see if the image is posted on any other sites - there are plenty of free resources for this online. If you find it, send the site a DMCA Takedown Notice - Google this term and you should find some sample letters and tips that will provide guidance.
I'd recommend speaking with an attorney regarding pursuing a civil case. Good luck to you.
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I disagree with the other answers posted. Suggestions about civil and criminal liability are grossly unrealistic. As a technical matter, it is a crime to "hack" a computer. How did your husband's son get this material from his phone? Did it really involve illegal hacking? Would you really as a practical matter want to bring felony criminal charges against your husband's son? Would any prosecutor actually seriously consider bringing those charges against a minor for something like this. No, of course not.
As for posting the material on the internet, that is not generally a crime. (The attorneys who believe that it is... .) It might be copyright infringement depending on who took the pictures, but it isn't a crime.
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