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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

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Answered in 3 minutes by:
3/17/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,301
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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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.

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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: 31,301
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
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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months ago
my email is***@******.***if that would be easier

Hmm. I'll try that again.

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