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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33230
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in Ohio. I found out my husband is having an online

Customer Question

I live in Ohio. I found out my husband is having an online affair. I went crazy and posted one of the naked pictures of the woman on Facebook and "tagged" her in it so that my and her friends could see it. I took it down within two hours. Can I go to jail or be sued?
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..The subject of the photo could try to file a criminal complaint for harassment and could potentially file a civil suit 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..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." .Now even if the DA decided to file a harassment charge based on the complaint, this wouldn't be an arrestable offense. You would receive a summons to come to court to deal with the charge..But there is no way to know if the subject of the photo will actually take any action based on the posting until they do....thanksBarrister