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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I have a female friend in Minnesota that had an affair her

Customer Question

I have a female friend in Minnesota that had an affair her husband hacked into her private email downloaded the nude pics and is threatening to publish the pictures without her permission what should she do
Submitted: 5 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 5 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Courts typically do not prosecute adultery anymore, usually believing that what happens between consenting adults in the privacy of bedroom is their own business. Since courts have limited time and money, most choose to prosecute more serious offenses. However, courts DO prosecute hacking. If stealing the pictures causes your friend pecuniary loss of at least $500, what he did could result in jail time. If she hasn't lost any money yet, he could still be charged with a misdemeanor. She has a right to file a police report if she did not tell her husband the password ***** her email or otherwise grant him access.

Those pictures belong to your friend and her husband has no right to distribute them. She could also file a civil lawsuit for breach of privacy and intentional infliction of emotional distress. As part of that, a lawyer can file a request for temporary restraining order at the same time, getting a court order that says her husband CANNOT show those photographs to anyone. Then if he does it, he's in contempt of court, which could mean fines and/or jail. She could also seek to press charges under the harassment statute if he posts the pictures. Minn. Stat., Section 609.795.

Any local litigation attorney should be able to help her seek a temporary restraining order against distributing the photographs.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.