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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
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Experience:  16 years practicing criminal defense.
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if a sexting pic. between two consenting adults exist and one

Resolved Question:

if a sexting pic. between two consenting adults exist and one of the consenting adults uses it to disetory the other persons cearer is there any legal action that can be taken aginst the offending person
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Barrister replied 5 years ago.
Hello,

If this was done maliciously to harm the person's reputation, they could have a cause of action 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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The person would need to contact a local civil litigation attorney to discuss the case and what type of damages they could sue for. Since this was a willful act, it is possible that punitive damages would apply to set an example for this behavior and discourage future similar conduct.

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Thanks.

Barrister

 

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