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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36226
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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i live in illinois. my ex lives in nebraska. he apparently

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i live in illinois. my ex lives in nebraska. he apparently has over 50 naked and sexual pictures of me - because he started sending them to me last night to threaten me. i had never seen 99% of them, and had no recollection of them being taken. i had certainly not given permission for them to be taken. he is threatening to send them to my parents, my ex husband, my daughter (age 12), and all of my friends and family. he has their contact information because he broke into my iphone once when he thought i was cheating on him (i wasn't, not that it matters). what are my legal rights?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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There are a couple things you can do to respond. You can tell him that if he publishes the photos you will file a formal criminal complaint against him for harassment. Under NE law, it defines harassment as "(a) Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;". NRS 28-311.02
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You can also file for a harassment protection order against him "enjoining the respondent from (a) imposing any restraint upon the person or liberty of the petitioner, (b) harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, or (c) telephoning, contacting, or otherwise communicating with the petitioner. NRS 28-311.09
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If he violates the order, he can be arrested and charged criminally.
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Further, if he does publish the photos without your consent, you can sue him civilly

for publication of private information. Elements of the tort include (1) publication, (2) absent any waiver or privilege, (3) of private matters in which the public has no legitimate concern, (4) so as to bring shame or humiliation to a person of ordinary sensibilities.

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The Restatement (Second) of Torts, § 652D, at 383 (1977), articulates the tort of public disclosure of private facts by stating that "(o)ne who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public."

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If he has already threatened to do this and sent photos to you, you may want to go ahead and file for the harassment protection order so as to get it in place if he makes good on his threat.

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Thanks.

Barrister

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