Legal Question in Civil Litigation in California
17-year old's right to pictures
My 17-year old daughter made pictures of herself in sexy underwear. She gave these pictures--name removed--her 18-year old boyfriend, who lives with his parents. His mom searched his room and found them. She kept the pictures and has shown them--name removed--friends and family members. She tells my daughter they will show up again anytime. How can we get these blackmail pictures back?
2 Answers from Attorneys
Re: 17-year old's right to pictures
First, I would tell your daughter to pick her boyfriends more carefully and avoid cameras in the age of digital. Next, I would immediately file a temporary restraining order against the boyfriend and boyfriend's mother. Finally, wait until the mother, boyfriend, or anyone else requests any sum of money or anything else from you and/or your daughter to avoid the pictures being further disseminated. Should this occur, visit your local police department because blackmail is a crime.
Re: 17-year old's right to pictures
Your daughter might have a cause of action against the mother (and her son) for invasion of privacy. The lawsuit would have to be filed before your daughter turns 19. However, if the harm to your daughter is not substantial, sometimes it's better off to turn the other cheek and chalk it up to a bad experience not to be repeated.
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