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If a man sent me a photo of his genitals, with no face

visible, and it was shared...
If a man sent me a photo of his genitals, with no face visible, and it was shared with a friend...am I in violation of the law?
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Answered in 5 minutes by:
3/20/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that you did not identify the person, then No, this would not be a violation of the law. The law does prohibit dissemination of private sexual images, BUT that's only in certain situations. The law is as follows:

(b) A person commits non-consensual dissemination ofprivate sexual images when he or she:
(1) intentionally disseminates an image of another person:
(A) who is at least 18 years of age; and
(B) who is identifiable from the image itself or information displayed in connection with the image;
and
(C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
(2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(3) knows or should have known that the person in the image has not consented to the dissemination.

So if the face was not visible, and information concerning the identity of the person was not shared, then it would not be a violation. But if information regarding the identity of the person was shared, then it could be a violation even if the face was not shown.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 4 months ago
it was shared with another woman. He was secretly dating both of us. She knew it was him, and she also has a lot of nude photos of him. He is now threatening me with photos he has of me. He says he is going to send them to everyone I work with (we used to work together). I’m scared he will follow through and I’m also worried I broke the law.

If he does so, THAT will certainly break the law, no question about it. But with your own situation the (c)(3) portion might save you, in that if this person was dating another individual, that means that you can argue that this image was not "private" in regards ***** ***** current intimate partners, in that the other intimate partner would have access to similar images or actual interaction with said "content" of the image. So it's a much, much more difficult situation to have you charged than to have him charged should he disseminate images to others that really have no reason to have the images.

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Customer reply replied 4 months ago
Okay so maybe I should send a shot across the bow to him? Or best to just keep him blocked and not engage? Restraining order due to threats? I’m so upset by this.

I understand. You can certainly say that you'll press charges if he disseminates images to individuals that have no connection to a relationship with him, and that might be the best option. If he continues to threaten, then a threat of (or actual filing for) a restraining order might be the best option.

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Customer reply replied 4 months ago
Okay perfect. I guess if he doesn’t back off I will file a police report and get the order so I have a paper trail.

Yes.

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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