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Griffin Law Firm
Griffin Law Firm, Attorney
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Say you have pictures of your ex-girlfriend that are nude that

Customer Question

Say you have pictures of your ex-girlfriend that are nude that were give to you or sent to you through text or email and you send them to someone else and she finds out about it can she file any charges against you
Submitted: 7 years ago.
Category: Legal
Expert:  Griffin Law Firm replied 7 years ago.
In terms of criminal liability, there does not seem to be any case here so long as she was over the age of 18 and you were not sending the picture to anyone under 18. There was a provision of the communications decency act which referred to sending indecent material with the intent to annoy, but that seems to be a pretty big stretch.
Considering a civil suit, people will try to sue for almost anything, but her case sounds weak on the limited facts you have provided. She willingly emailed or texted the pictures to you, you sound as if you sent them to one friend or at least a very limited audience, and you have not profited by selling the pictures. At best, XXXXX XXXXX a weak claim for invasion of privacy or maybe intentional infliction of emotional distress.
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Customer: replied 7 years ago.
i live in albuquerque, new mexico and i am not sure on the laws hear, so far you have given me some good info, thank you for that. There are more facters to this,the person that was sent the pictures is a possiable new boyfriend,the picture that was sent to me was of him and her, i guess to rug it in that she was chetting on me when we were to geather.She was lieing to me about it, so due to the heart break i sent it to him to let him know i new about it, yes it was wrong but did not know what else to do.now the two of them have called the cops saying i am harasing them and by texting him they want to file restraining orders against me. i know text messaging is lock in stone and they said they are going to use that against me in court. I have looked up harsment and other laws in my state, the law says that if they are in fear of there life or it is to add distress to them they might have grounds to file criminal charges.I need to know if i can be jailed for any of this,yes it was wrong but i acted out of anger and a broken heart, which i know the courts proable wont care. To add i have never been in jail and do not have a recored of any type. if you need more info please let me know
Customer: replied 7 years ago.
First question-Say you have pictures of your ex-girlfriend that are nude that were give to you or sent to you through text or email and you send them to someone else and she finds out about it can she file any charges against you



Optional Information:
State/Country relating to Question: New Mexico

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This was my answer from lawyer
in terms of criminal liability, there does not seem to be any case here so long as she was over the age of 18 and you were not sending the picture to anyone under 18. There was a provision of the communications decency act which referred to sending indecent material with the intent to annoy, but that seems to be a pretty big stretch.
Considering a civil suit, people will try to sue for almost anything, but her case sounds weak on the limited facts you have provided. She willingly emailed or texted the pictures to you, you sound as if you sent them to one friend or at least a very limited audience, and you have not profited by selling the pictures. At best, XXXXX XXXXX a weak claim for invasion of privacy or maybe intentional infliction of emotional distress.



This was my reply never answered
i live in albuquerque, new mexico and i am not sure on the laws hear, so far you have given me some good info, thank you for that. There are more facters to this,the person that was sent the pictures is a possiable new boyfriend,the picture that was sent to me was of him and her, i guess to rug it in that she was chetting on me when we were to geather.She was lieing to me about it, so due to the heart break i sent it to him to let him know i new about it, yes it was wrong but did not know what else to do.now the two of them have called the cops saying i am harasing them and by texting him they want to file restraining orders against me. i know text messaging is lock in stone and they said they are going to use that against me in court. I have looked up harsment and other laws in my state, the law says that if they are in fear of there life or it is to add distress to them they might have grounds to file criminal charges.I need to know if i can be jailed for any of this,yes it was wrong but i acted out of anger and a broken heart, which i know the courts proable wont care. To add i have never been in jail and do not have a recored of any type. if you need more info please let me know
Expert:  Griffin Law Firm replied 7 years ago.
So my understanding is this happened once? There needs to be a pattern of behavior or a reasonable belief that the behavior is going to continue and therefore be restrained. If this was a one time deal and you have not continued to contact them, I don't see why a judge would issue a restraining order. You will not go to jail.
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Customer: replied 7 years ago.
Thank u for the reply this info helps more,yes i have only sent one picture, after i did there was no return reply so i did send one more text telling him that it was funny he had nothing to say after that the male had replyed back telling me that our local police would love to see the threating text,which in my eyes was not threating just a question.i have already filed an incident report before all of this.he told me that i was breaking the law and he was going to turn me in.since then i have stop all contact with both of them, i was concerned about jail time due to a report i read online where a man had sent pictures out to a husband of a woman that he had been having an affair with, and when he found out that she was seeing not just him but other men he sent the nude pictures of her to the husband to show him what was going on.he said he did it for pay back to show the husband what she was doing, and he went to jail for awhile. my ex and this man are very good at lieing and she uses the fact that she is a single mother as a weapon to make police and everyone around her feel like there is a threat to her and her daughter. because i am a male it seems to make things harder, because she has made people to belive im just a ex gone crazy.in new mexico do you know if you have to go to court in front of a judge to file a restrianing order and how much do you need to get one, because most people are telling me that it is so easy to get one
Customer: replied 7 years ago.
Thank u for the reply this info helps more,yes i have only sent one picture, after i did there was no return reply so i did send one more text telling him that it was funny he had nothing to say after that the male had replyed back telling me that our local police would love to see the threating text,which in my eyes was not threating just a question.i have already filed an incident report before all of this.he told me that i was breaking the law and he was going to turn me in.since then i have stop all contact with both of them, i was concerned about jail time due to a report i read online where a man had sent pictures out to a husband of a woman that he had been having an affair with, and when he found out that she was seeing not just him but other men he sent the nude pictures of her to the husband to show him what was going on.he said he did it for pay back to show the husband what she was doing, and he went to jail for awhile. my ex and this man are very good at lieing and she uses the fact that she is a single mother as a weapon to make police and everyone around her feel like there is a threat to her and her daughter. because i am a male it seems to make things harder, because she has made people to belive im just a ex gone crazy.in new mexico do you know if you have to go to court in front of a judge to file a restrianing order and how much do you need to get one, because most people are telling me that it is so easy to get one
Expert:  Griffin Law Firm replied 7 years ago.
Here is a page that goes over how to get a restraining order in New Mexico:
http://www.firstdistrictcourt.com/Forms/pdf/TRO%20Packet.pdf

As I mentioned previously, the thing in your favor is the lack of a pattern of behavior or a threat that the behavior will continue. Even if they filed for the TRO, they would still need a hearing to make it permanent. When you show up at that hearing and explain it was an isolated incident of two text messages brought on by hurt feelings after your girlfirend cheated on you and has not continued, I have a hard time believing a judge will grant the order.