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Attorney & Mediator
Attorney & Mediator, Lawyer
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Is it legal to post nude pics of someone else on ...

Resolved Question:

Is it legal to post nude pics of someone else on the internet if you took the pictures with your own camera?
Submitted: 9 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 9 years ago.
It would not be legal if she has not consented/authorized that you take these picture or to post them online. This person would have grounds to sue you for invasion of privacy. It would be considered a misdemeanor. It is not relevant that this was your camera, what controls is this person's consent or authorization to use these pictures as you intend to use them.

It is a misdemeanor to use a hidden camera to photograph a person who is nude or in a state of undress without the person's consent in a place where the person has a reasonable expectation of privacy. Kan. Stat. Ann. § 21-4001(a)(4)


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
If I took the pics myself and she consented to the pictures being taken, don't I own these files?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your response.

You own the files, but that does not give you the right to post them on the internet without her consent. Consenting to taking the pictures is one thing, but posting them online is another separate issue which will require her separate consent. If you want exclusive control to do whatever you wish with these pictures you will need to enter into a written agreement with her to release any rights or claims to the pictures and to sign a waiver of potential liability for posting the pictures on the internet.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Customer: replied 9 years ago.
Reply to LawNinvest's Post: What kind of repercussions are we looking at? If the pics are removed from the web due to now knowing this can a lawsuit still be taken?

She has seen the pics on the web.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your response. Sorry for the delay as I was researching the criminal code.

If you are found in violation of the code I mentioned above that is a Class A misdemeanor which is subject to a fine of no more than $2500 and/or jail time of no more than 1 year.

She might have a cause of action against you for invasion of privacy in posting them online. Damages here would be any harm she has sustained by the posting.

Wiretapping laws may have also been violated which can result in the imposition of a $500.00 fine.

She can also sue to have the pictures destroyed and ask the court for the discretion to sanction you for invading her privacy.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.





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