Legal Question in Criminal Law in California
is it illegal for me to send naked pictures of my ex to somebody else? All parties are over 18 and i was the one that took the picture of her so i do not know if there is any chance of copyright laws being broken.
4 Answers from Attorneys
You must really like restraining orders amd jail.
Copyright laws? No, it sounds like you own the copyright on these photos. (It's possible that you don't, but only if there are some unusual facts you didn't mention.) But your ex has other rights, and sharing nude photos of her without her consent would violate those rights. You could face some very harsh consequences if you do.
You posted this question under criminal law, but sending the photos probably would not be a crime unless they are obscene. (Copyright violation usually isn't a crime either, btw.) It would be a tort, though. You could be sued for invasion of privacy, intentional infliction of emotional distress, and perhaps other torts as well.
Most importantly, though, sending the photos could easily set the stage for a restraining order against you. Restraining orders can be nasty things, especially because violating one can land you in jail. Merely *seeming* to violate one can have the same effect, since the court might well believe your ex's version of events. And even if you are able to successfully defend yourself against such an order, your victory would come at a very high cost in aggravation and legal fees.
Criminal cases have to be proven beyond a reasonable doubt, but restraining orders are civil and only require proof by a preponderance of the evidence. That means you could end up in jail based upon much weaker evidence than would be necessary in a criminal trial.
And aside from all of the legal issues involved, sharing nude photos of your ex without her permission would prove that you're a colossal jerk. If you control yourself and don't send them, there will at least be a reasonable doubt.
You are inviting problems by violating her right of privacy. I'm sure she didn't let you take those pictures so that you could share them with everyone else.
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