Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have to know about statutes what is the statutes that

I have to know...

I have to know about statutes what is the statutes that would say a husband cannot video tape his wife nude or showering or any sexual act without her consent in the privacy of their home - is there state of Michigan or federal law - and she is aware that the video is being made?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

Yes a DV charge on me - but i did not hit her - but they said any unwanted contact would be a DV

Lawyer's Assistant: In what state did this occur?

Michigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Mainly about the video tape

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
3/17/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,031
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question

Here is Michigan's criminal invasion of privacy law.

http://www.legislature.mi.gov/(S(ijtkg0tgp0htdc0cvdoiys0m))/mileg.aspx?page=GetObject&objectname=mcl-750-539j

As you can see, it will all come down to whether she had a reasonable expectation of privacy. The fact that they are married and that they have been nude in front of each other, doesn't necessarily make it reasonable for him to invade her space to take intimate and explicit photos of her without her permission. But whether it's reasonable or not would be a matter for a jury if she wants to have charges pressed against her husband.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
well I am trying to ask this in reverse actually - i was in a verbal argument with my wife - because she has not been my lover in a very long time not since last june or july and this incident happened in January - i was touching myself and she said she took her phone and said she was taping me and going to send it to my sister - all I say here is lawyer confidential correct ?
Customer reply replied 1 month ago
i found that code and do not understand it

No, nothing here is confidential, except no names are ***** ***** nobody will know that this is about you. It works the same way if you're the person being offended.

If you want to have her prosecuted for this, you can do so under the state's invasion of privacy statute, which is what I linked you to. What this statute says is that if someone is in a state of nudity at a time and place where he has a reasonable expectation of privacy, it would be a crime for anyone to photgraph or videotape him or her and then to send the photos or video to someone else without the subject's permission and authority.

It's a felony charge.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
she threatened to send it to my sister - so i wanted to take her phone from her and then she filed a DV against me for trying to take her phone
Customer reply replied 1 month ago
but i did not take the phone from her - she was not feeling well she said and had taken Nyquil

Have you been charged with a domestic violence offense? If so, you need a lawyer and you can tell the lawyer about the picture to see if he can get the case dismissed or reduced for you.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
I am charged with domestic violence for trying to take the phone from her - i can only get a public defender and this would be DV 2

A public defender is a full-fledged lawyer with the same credentials as members of the private bar. A big chunk of their caseloads are domestic violence-related. Yours will know how to handle this case. Tell him or her about the video.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
well she said in the police report she was taping me and then said she was going to send that to my sister - so if she does have a video and i tried to take it from the threat that it was going to be sent out - i am still the one at fault and it does not matter that she took the video?

You're talking apples and oranges. She does not have the right to take or send that video without your consent. You never reported that to the police to try to get her charged.

You do not have the right to assault her, which is what she said you did.

What she did gives you the right to charge her. It doesn't give you the right to use physical force against her. What she did makes your actions understandable, but it's not a complete defense for you.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
okay so then I should file charges against her for video taping me touching myself because she did so without my consent - I was not touching her - i do remember grabbing for the phone when she threatened to send the video to my sister - but do not remember if there was any incidental touch to her when I reached out -

I do not know if the police will let you file charges at this time, since they are already standing behind your wife for a different part of the same incident.

Again, since you have a open case and a lawyer, you should talk to the lawyer about the video and reporting your wife. If you talk to the police at this point, anything you say to them can be used against you on your case. It might be better if your lawyer just speaks about the tape to the prosecutor on your behalf.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,031
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
I gave you a five star rating and the tip - so I will contact my attorney and bring up the "THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931" and say I want charges filed on her for the video I did not consent too - but you advise me to ask the attorney first?

Yes, I do, because you are presently a criminal defendant and the police can use this as an opportunity to start questioning you. ONce you've given up your right to remain silent, anything you say to them can be used against you on this case. So your lawyer may want to accompany you to talk to the police or may tell you not to talk to the police or could call the police first so that they do not question you about the DV portion of the incident.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
okay thank you so much - because if i can get charges against her she might nit want to keep the fight up and just move on with our lives - but i talked to the police and said she is using this to get out of our marriage because she is here on a K1 visa and she needs to have a DV on me to get out of the marriage - it did not say in the report what I said at all it only said what she said to them - and I know I said I did not hit her
Customer reply replied 1 month ago
this also depends on what else they reported i had said and we cannot find that out until discovery ?

The police don't decide who's guilty or innocent. So even if you said you did not hit her, if it's reasonable for the police to think you may have done so, they can charge you. What you said would matter more for trial purposes, and if your case goes that far, you'll get the discovery in plenty of time for you/your lawyer to see what the police wrote down.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
we are now heading to trial and discovery - she should up to the arraignment / pre trial - which I do not know how she even knew the date she was not subpoena or had and letter - so I am not sure how she found out about that date - i know she asked for her green card - and that would be my case if she has no video is that she is doing this to seek asylum

Yes. That she used the video excuse to provoke an argument so that she could have you arrested for a domestic charge and thus be able to stay in this country even after she divorces you. Sorry to say, it happens a lot.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
okay thank you for all of this information it has given me a great relief to all the anxiety i have been going through - because before the so-called video incident our verbal argument was that I was telling her she needs to pack her bags if she is going to refuse to be my wife - is there a way to get a transcript of our conversations for me to send to my lawyer?

I've copied it and pasted it on a word file. You can download the attachment and print it if you like.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
it was not a file when I clicked on it - it is the coding here below<?xml version="1.0" encoding="UTF-8"?>
<Error>
<Code>NoSuchKey</Code>
<Message>The specified key does not exist.</Message>
<Key>Zoey_JD/ea19ad44-9436-4716-afe3-86ecbfa3c491_i_have_to_know_about_statutes_what_is_the_statutes_that_would_say_a_husband_cannot_video_tape_his_wife_nude_or_showering_or_any_sexual_act_without_her_consent_in_the_p</Key>
<RequestId>EB12FE9AFB0726E9</RequestId>
<HostId>a7hlBrZ9KJOqlGemjQC1Yk4Mr+Zyp4Lz6BZdySevCMdfUrAUbFN74VMPTz7SgQADT1gnhZv8loE=</HostId>
</Error>
Customer reply replied 1 month ago
my email is***@******.***if that would be easier

Hmm. I'll try that again.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,031
30,031 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I'm the suppose victim of domestic violence. I don't want to
I'm the suppose victim of domestic violence. I don't want to testify against my husband nor go to trial. Will charges be dropped and case dismissed if I don't testify … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,631 satisfied customers
I have a friend who has a Domestic Violence charge.. More
Hello I have a friend who has a Domestic Violence charge.. More than one and this is not the first time..He has 37 cases of things he has done...I posted his bail but I think he is going on to jail..T… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I've been found guilty of domestic violence and assault on
I've been found guilty of domestic violence and assault on my stepdaughter who admitted in court that she was being disrespectful and that she did try to go after my bad leg from an accident and try t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm an advocate of domestic violence and assault, I have a
I'm an advocate of domestic violence and sexual assault, I have a client whom she wanted to go back to live the offender, and because he found my name, he made her write letter saying she came just to… read more
Jonathan Holson
Jonathan Holson
JD
69 satisfied customers
My boyfriend is currently in jail for domestic violence. he
my boyfriend is currently in jail for domestic violence. he is being charged with a felony & this is his first offense. is it likely he will serving time … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I was involved in a domestic violence incident over the
Hi. I was involved in a domestic violence incident over the weekend that was a big misunderstanding and the cops were called by a third party and I have some questions about it … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
In court today, I had a domestic violence case dissmissed
In court today, I had a domestic violence case dissmissed "without predjudice". What does that mean, as compared to "with predjudice", and how does the difference effect when I can have the record sea… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I a the "alleged" victim in a domestic violence case, and
I a the "alleged" victim in a domestic violence case, and the District Attorney slapped a criminal protective order on my Fiance, without my knowledge or my consent!!! I WANT IT REMOVED! N,o one willl… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
Can a detective force a witness of domestic violence to make
Can a detective force a witness of domestic violence to make statements, or force an interview. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I was change with domestic violence I get a fight with my
I was change with domestic violence I get a fight with my husband I never was arrested Befor I have a clean record I'm 35 years old a mother with 2 kids plz help … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I have been charged with domestic violence assault as of
i have been charged with domestic violence assault as of saturday night just after midnight 3/11/18. i was able to bail out of jail yesterday afternoon. the cops were called by a neighbor who heard us… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,031 satisfied customers
Can you be charged with "domestic violence" in Va if the
Can you be charged with "domestic violence" in Va if the "victim" doesn't live with the accused and is not a spouse or former spouse? What is the legal definition of "spouse" in Va? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,031 satisfied customers
My niece was arrested for domestic violence on a saturday
my niece was arrested for domestic violence on a saturday and they let her out 10 days later and give her a court date did they hold her to long ? i'm in the state of nevada … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
In NYS can a victim of domestic violence be compelled to
In NYS can a victim of domestic violence be compelled to take the stand if she does not want to testify? NYS Criminal lawyer please respond.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In 1999 was charged with simple domestic violence. Lost the
Anything else you want the lawyer to know before I connect you?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,031 satisfied customers
I was convicted for domestic violence (felony CA) and my
I was convicted for domestic violence (felony CA) and my record was expunged. Can I own a firearm? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x